283. Private Ways. The right to go over the land of another is known in law as a way. Originally, ways were of three kinds, a mere foot way, a foot and horse way, by which a horse might be ridden over the way, and a cart way. The last two classes are now treated as one. Ways are classified as ways of necessity and ways of convenience or easements.
If A sells land to B and the only access B has to a highway is over A's land, B has a way of necessity over A's land. If A sells land to B and the only access to a highway left to A is over the land of B, A has a way of necessity over B's land.
A way of convenience may arise by continuous usage under a claim of right for a period of twenty years. If A for an uninterrupted period of twenty years, under claim of right uses a path over B's premises, he acquires a way of convenience or easement which gives him the right to continue the use of the path.
284. Highways. Ordinarily, highways are established by public officials acting under statutory authority. Land is taken from the owners by order of court granted upon a petition properly filed and heard. It is said that the public has an easement in a highway, a right to use the highway as a roadway. The absolute title remains in the original owner. If the highway is abandoned, the property reverts to the original owner or to his grantees or assignees.
A highway may be created by declaration or admission of the owner that a certain piece of property is to be used as a highway. It must also be accepted as such by public officials. The public may also obtain the right to use certain property as a highway by adverse user for a period of twenty years. This is called obtaining the right by prescription.
285. Estates in Land. The extent of the interest of a person in a certain piece of land or real estate is said to be his estate. Estates are designated by different names, depending upon the amount of the interest held. In general, estates in land are divided into freehold estates and estates less than freehold. Freehold estates are in turn divided into estates of inheritance, and estates less than inheritance. Estates of inheritance are divided into estates in fee simple, and estates in fee tail. Estates less than inheritance consist of dower estates, estates curtesy, estates for the life of another, and estates for one's own life, and homestead estates. Estates less than freehold or leasehold estates consist of estates for years, from year to year, at sufferance and at will.
286. Freehold Estates. Freehold estates embrace estates of inheritance and estates less than inheritance. They are estates of uncertain periods of duration. The estate may be one of inheritance, that is, forever, or for a lifetime. The term, freehold, is taken from the name, freeman. A freehold estate originally applied to the estate of a freeman. A freeman, that is, a person permitted to go anywhere he chose, belonged to the only class of persons permitted to hold estates of this character. The meaning of the term has lost its significance. Under our law, all persons are freemen.
287. Estates in Fee Simple. Absolute ownership in land is termed an estate in fee simple. It means that the owner has absolute and unconditional ownership of the land in question. It is an estate of general inheritance. At the owner's death, the estate passes to the general heirs of the owner, unless particular persons are designated by will of the owner to take the title.
288. Estates Tail. It was formerly the custom in England for wealthy land owners to give land to the oldest son to be given by him to his oldest son, a particular person or his direct heirs. That is, instead of giving the entire interest in the land to a person in such a manner that the latter could sell or dispose of it as he chose, it was given by deed or will to a particular line of heirs or persons. If A gave his property by will to B and B's direct heirs, the estate created did not permit B or his direct heirs to dispose of the estate in such a manner that the direct heirs designated could be deprived of the estate at B's death. Granting estates to a particular person or heir rather than to heirs generally, is called entailing estates. The estate granted is called an estate tail. The result of entailing estates is to continue them in the hands of a few.