of men, as trees, herbage, water, buildings, &c., which are comprehended
in the term real estate, are _corporeal_ hereditaments. _Incorporeal_
hereditaments are inheritable rights which grow out of corporeal
inheritances, or which consist in their enjoyment; as the right of
pasturing a common; a right of passage over the land of another; a right
to the use of waters, sometimes called _aquatic rights_, &c.

Sec.2. A _right of way_ is a right of private passage over another man's
ground. This right is sometimes granted by the owner of the soil; and to
make it a freehold right, it must be created by deed, though it be only
an easement upon the land of another, and not an interest in the land
itself. An _easement_ is, in general, an accommodation. In law, it is
any privilege or convenience which one has of another, by grant or
otherwise, as a right of way, &c. By the grant of an easement, the
grantee acquires no other right than what is necessary to the fair
enjoyment of the privilege.

Sec.3. If it is a mere personal right, it can be enjoyed only by the owner
of the right, and when he dies, the right dies with him. But a right of
way belonging to an estate may be conveyed when the land is sold. Thus,
if a man owns lot A and lot B, and he used a way from lot A, over lot B,
to a mill, or to a river; and if he sells lot A with all ways and
easements, the grantee will have the same privilege of passing over lot
B as the grantor had.

Sec.4. A right of way may arise from necessity. If a man sells a part of
his land, and there is no other way to the remaining part, he is
entitled to a right of way to it over the land sold. And if a man sells
land wholly surrounded by his own land, the purchaser is entitled to a
right of way to it over the other's ground, even though no such right is
reserved. The right of way passes to the purchaser, as necessarily
incident to the grant, or included in it.

Sec.5. A man having license to conduct lead pipes through the land of
another, may enter on the land, and dig therein, to mend the pipes. The
general rule is, that when the use of a thing is granted, every thing is
granted which is necessary to the enjoyment of its use.

Sec.6. A person has a temporary right of way over land adjoining a public
highway, if the highway is out of repair, or is obstructed by snow, a
flood, or otherwise. But the right of going upon adjoining lands does
not apply to private ways. A person having a right to a p