65 Ga. 468 | Ga. | 1880
The plaintiff in error sued the defendants for obstructing his private way. The proceeding was before the ordinary under our Code, sections 737 and 738, who directed that the obstructions be removed. Thereupon the defendants took the case by certiorari to the superior court, where the judgment of the ordinary was reversed, and the plaintiff brought the judgment of that court here for review.
That the way claimed by the plaintiff was obstructed there is no doubt, and the single question is, did the plaintiff, under the facts set out in the answer to the .certiorari, have any right of way over the defendants’ land ?
One legal question, therefore, is, can his use of the way, while he held title to the land in fee as tenant in common, be tacked to his use of it since his conveyance to Price, so as to make out seven years’ constant and uninterrupted use of it under section 737 of the Code?
Blackstone defines a way to be “ the right of going over another man's ground.” 2 Chitty’s Black., 35. The plaintiff in error needed no grant of the right of way over his own ground. He could go where he pleased on it, and use as many ways on it as he chose. Nobody held the land adversely to him, and therefore his user of it as a way could not ripen into a prescriptive title, and he has no grant of a right of way from those to whom he sold, nor did he reserve any when he conveyed. It makes no difference that he had a fee in No. 951 in common with others, and conveyed title with them. His right was to
In this case there was no sort of reservation, and the case is stronger in that other portions of land lot No. 951 were reserved, while this lot is not, and nothing appurtenant to it, and no easement of any sort on it.
In addition to this, it may be added that it nowhere appears in this record that any particular way over the lot was specially used by Boyd, but the entire lot being open, he used what part he pleased. A right of way over such open lot, cannot be acquired without more particularity in defining it than appears in this record. On the whole, the judgment is affirmed.
Judgment affirmed.