ic highways or
from the land of the purchaser. In such case the purchaser is unable
to reach his land at all unless he can go over some of the
surrounding estates; and inasmuch as he cannot go over the premises
of those who are strangers to him, in law, and inasmuch as public
policy and simple justice call for a passage-way to his land, for
his use in the care and cultivation of it, the law gives him a way
of necessity over his grantor's land, which runs with his land, as
appurtenant thereto, so long as the necessity exists, even if
nothing is said in the deed about a right of way, because it is
presumed that when the grantor sells the land he intends to convey
with it a right of way, without which it could not be used and
enjoyed; but when the necessity ceases, the right ceases also.[86] In
the absence of contract, it belongs to the owner of a private way to
keep it in repair,[87] and for this purpose he may enter upon the way
and do whatever is necessary to make it safe and convenient; but if
in so doing he removes soil and stones which are not needed on the
way, such surplus material belongs to the owner of the land over
which the way passes.[88] If a defined and designated way becomes
impassable for want of repair or by natural causes, the owner of the
way has not the right of a traveller on a public road to go outside
the limits of the way in order to pass from one point to another.[89]
But if the owner of the land obstructs the way, a person entitled to
use it may, without liability, enter upon and go over adjoining land
of the same owner, provided he does no unnecessary damage.[90] The
reason for this distinction in the law between a public and a
private way is that in the case of a private way the owner of the
way, who alone has the right to its use, is bound to keep it in
repair, whereas in the case of a public way the traveller is under
no obligation to keep it in passable condition. A private way once
established cannot be re-located except with the consent of both the
owner of the land and of the way; but if both are agreed, the old
way may be discontinued and re-located in another place.[91] The
owner of the soil of a private way may, the same as the owner of the
fee in a highway, make any and all uses thereof to which the land
can be applied.[92] In the absence of agreement to the contrary, he
may lawfully and without liability cover such way with a building or
other structure, if he leaves a space so wide