Hogan v. Cowart

Atkinson, Justice.

1. In this State, where an owner of two tracts of land, while using a servitude on both tracts such as an agricultural ditch through cultivated lands, executes a deed conveying in fee simple and unconditionally one tract, he thereby loses all power over that tract, and can not afterward convert the servitude which he had enjoyed into an easement over that tract, by conveyance of the other tract to a different grantee. Rogers v. Wilson, 171 Ga. 802 (3) (156 S. E. 817).

(а) If the doctrine of implied reservation of an easement of necessity by a grantor of land can be applied in…