§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages
When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months’ knowledge of such facts without moving for damages. History. Orig. […]
§ 44-9-56. Notice of Closing of Private Way After One Year’s Use
If a road has been used as a private way for as much as one year, the owner of the land over which it passes may not close it up without first giving the common users of the private way 30 days’ written notice so that they may take steps to have it made permanent […]
§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes
When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing where the business of rafting or shipping is carried on or to any railroad depot, the use of the private way shall not extend to the use of […]
§ 44-9-58. Petition to Use Another’s Landing
When the applicant for a private way also desires to use another’s landing, he must state this desire in his petition so that proper damages may be assessed for such use. History. Orig. Code 1863, § 707; Code 1868, § 769; Code 1873, § 735; Code 1882, § 735; Civil Code 1895, § 676; Civil […]
§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees
In the event the owner or owners of land over which a private way may pass or any other person obstructs, closes up, or otherwise renders the private way unfit for use, the party or parties injured by the obstructions or other interference may petition the judge of the probate court in the county where […]
§ 44-9-60. Conditions for Converting Private Ways Into Public Roads
Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in […]
§ 44-9-48. Agreements Between Parties as to Payment of Compensation
Code Section 44-9-47 shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon terms to which the parties agree, including security for compensation so fixed, provided and on condition that the agreement of the parties is approved by the court and that the court […]
§ 44-9-49. Establishment of Private Way by Agreement Between Parties
Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered on the official minutes of the county commission and the road deed file and, when so done, shall have the same effect as though established by Code […]
§ 44-9-50. Recording of Private Way; Protection of Owner’s Use
When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the road deed file; and the owner thereof shall be entitled to be protected in the use of the same as a public road. History. Orig. Code 1863, § 699; Code 1868, […]
§ 44-9-51. Establishment of Private Way by Several Landowners; Duties and Privileges of Subsequent Vendees
Several landowners may join together in opening a private way or in maintaining it after establishment or both. When this has been done and has been entered on the official minutes of the county commission and the road deed file, the duties and privileges incident thereto shall extend to vendees of the same real estate. […]