Georgia Reports Volume 131

Georgia Reports Volume 131

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...for plaintiff. George W. Owens, for defendants. Evans, P. J. (After stating the facts.) It will not be seriously disputed that a person conveying premises by description in terms bounding them by a street of a specified width, the title to which he also owns, ordinarily gives his grantee the right to insist upon the existence and enjoyment of such street. So where an owner of land had it surveyed and laid ofi into lots, caused a plat of the same to be made which referred to a designated strip of land as a street, and sold the land with reference to such plat, a right of way over the strip of land designated in the plat as a street passes to every purchaser at that sale, and the seller of the lots is estopped either from closing up the strip, or maintaining an obstruction in it existing at the time of the sale. Ford-V. Harris, 95 Ga. 97 (22 S. E. 144). In that case it was clearly recognized that the right of the purchasers of lots abutting on a right of way over the street as delineated on the plan was not dependent on whether there was either an express or implied dedication of the street to the public. If it be a street laid out by the grantor over land which he sells in lots, there is necessarily an implied covenant that he will open it at least for the use of his grantees. And if a grantor sells a lot of land, and in his deed bounds it upon a private way over his land, he will be estopped by his deed from denying the existence of the way for its entire length as clearly indicated and prescribed.-Tobey v. City of Taunton, 119 Mass. 404; Kenyon 1;. Hookway, 17 Misc. 452 (41 N. Y. Supp. 230). Some of the considerations inducing the purchase may have been the probability of having neighbors, particular uses to which the purchased premises...
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Product details

  • Paperback | 412 pages
  • 189 x 246 x 21mm | 730g
  • United States
  • English
  • black & white illustrations
  • 1236845374
  • 9781236845375