131 Ga. 489 | Ga. | 1908
(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 off 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
It is argued that the Gwinnett street extension as delineated on the map is but a cul de sac; and that as the court adjudged the plaintiff was entitled to a way of access from Gwinnett street, by a projection of it along the width of his property, he has been accorded all that he could property contend for under his deed. It is immaterial that the western end of the street as delineated does not connect with another way. The purchaser had the right to rely on the representation of the grantor, as contained in the plat: that the grantor had defined a specific part of his land as a street for the use of himself and his grantees. The right of the
We have reached the conclusion that the court erred in limiting the plaintiff’s right to use Gwinnett street extension-to the extent stated in his order; and the judgment is reversed because, under the facts appearing on the hearing, the defendants should 'have been temporarily enjoined from obstructing any part of Gwinnett street extension as delineated in the deed and plat.
Judgment reversed.