Way of Necessity—When Arises Over Land of Grantor.—When a grantor conveys land shut off from access to a road by the grantor’s remaining land, or partly by his land and partly by that of a stranger, a way of necessity arises over the adjoining land of the grantor.

Id.—Lands Partitioned in Severalty — Parcel Inclosed by Other Allotments.—A way of necessity follows in like manner from a decree of partition, under which one of the parcels set off in severalty is entirely inclosed by others. The effect of such partition is to convey the interest of the various cotenants in the particular parcels to the allottees of those parcels. Each is, therefore, a grantor and a grantee, and the one to whom an inclosed piece is set off has the same rights against the others that he would have if they had joined in a voluntary conveyance to him.

Id.—Equal Right of Access Over Lands of Different Allottees.-— Upon such partition the holder of the inclosed parcel has an equal and like right against each former cotenant whose land prevents his access to a highway.

Id.—Arbitrary Selection of Way Over Particular Parcel.—Where the owner of the inclosed parcel has for many years indifferently used the adjoining lands of the other allottees for the purpose of reaching his land, neither he nor the court has the right to arbitrarily select the land of a particular adjoining owner and make it alone hear the burden of the right of way.

Id.—Expense or Difficulty of Access by Different Route.—In this case the findings fail to show the right to a way of necessity over the lands of the defendants, due to the expense or difficulty in reaching a public road by another and shorter route over the lands of other adjoining owners.

Ib.—Bona Fide Purchaser — Notice — Easements.—A purchaser of land for value takes subject only to interests in the land of which he has actual notice or which appear of record. This rule applies as well to easements as to claims of a greater interest.

Id.—Subsequent Purchaser of Partitioned Land — Constructive Notice Furnished by Partition Decree.—A purchaser for value of a parcel of land that had been partitioned twenty years previously is not charged with constructive notice of a way by necessity across such land in favor of an adjoining tract, merely because both tracts were included in the partition action, and had been partitioned by a decree which left the latter tract without access to a public road and entirely surrounded by other parcels that were allotted to various cotenants.