If a highway is out of repair, so that it has become dangerous, or, by the overflowing of a river or otherwise is impassable, the public may go over the adjacent land, if necessary, without thereby committing a trespass. If, however, a private road is impassable, the person entitled to a right of way over it is not entitled to go over the owner’s adjacent land, unless the owner has bound himself to keep the road in repair, and his neglect to do so has occasioned the defect.
If an owner of land lays it out for building purposes and leaves a space for a roadway over which the public may pass, it is presumed that he has dedicated the roadway to the public, which will, by the using of same, acquire a right of way. If that is not the owner’s intention, he should fasten a bar across each end of the roadway, once at least in every year for about twenty-four hours, to prevent the roadway becoming public. TRUSTEE,