The plaintiffs in error, Robert Champion, Jr. and his wife Stella, brought this action in the Superior Court of DeKalb County against Robert Neason seeking an injunction barring Neason from using an easement over the plaintiffs’ property. In the petition it was alleged that the defendant’s predecessor in title had conveyed the land which the plaintiffs now own with the following reservation: “Grantor reserves for herself, her heirs, and assigns, the right to use the private driveway as presently located for ingress and egress to her property located immediately to the rear of the above described property.” The defendant is the successor in title of the lot for whose benefit the reservation of the easement was made. It was further alleged that the easement was void and unenforceable because the description of the easement was too vague and indefinite and because there was no well defined private driveway in existence at the time of the reservation. After a hearing the court issued an order denying the plaintiffs a temporary injunction. Error is assigned on the order of the court denying the temporary injunction.
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A deed conveying land which reserves an easement to the grantor is the equivalent of an express grant of an easement by the grantee.
O’Barr v. Duncan,
Judgment affirmed.
