Right of WARS, in Law. This may be grounded on a special permission; as when the owner of the land grants to another a liberty of passing over his grounds, to go to church, to market, or the like: in which case the gift or grant is particular, and confined to the grantee alone; it dies with the person; and if the grantee leaves the country, he cannot assign over his right to any other; nor can he justify taking another person in his company. A way may be also by prescription; as if all the owners and occupiers of such a farm have immemorially used to cross another's ground; for this immemorial usage supposes an original grant, whereby a right of way thus appurtenant to land may clearly be created. A right of way may also arise by act and operation of law; for if a man grants me a piece of ground in the middle of his field, he at the same time tacitly and impliedly gives me a way to come at it; and I may cross his land for that purpose without trespass. For when the law doth give any thing to one, it giveth impliedly whatsoever is necessary for enjoying the fame. By the law of the twelve tables at Rome, where a man had a right of way over another's land, and the road was out of repair, he who had the right of way might go over any part of the land he pleased; which was the established rule in public as well as private ways. And the law of England, in both cases, seems to correspond with the Roman.