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right of way A right of way may exist over the land of another by virtue of custom. Rights of way existing by custom are to be distinguished both from public rights of way or highways, which arise either by statute or from dedication of the soil by its owners to the use of the public, and from private rights of way which are easements so called. A customary right of way is one which may be enjoyed by any member of an undefined and fluctuating body or class of persons or a limited section of the public. |