Crosland v. Rogers

Citations

• 32 S.C. 130
• 10 S.E. 874
• 1890 S.C. LEXIS 18

Syllabus

<p>1. A right to discharge water by ditch on a servient tenement may be claimed by express grant, by prescription, or by express or implied reservation in the conveyance of the land over which the right is claimed; but to raise an implied reservation of such an easement in favor of the grantor of the alleged servient tenement, the necessity of it to the dominant tenement retained by the grantor, must be imperious.</p> <p>2. In action by the owner of an upper tract of land to recover damages for the obstruction of a ditch across an adjoining lower tract sold off by plaintiff to defendant, a non-suit was properly ordered, there being no evidence of an express grant, or of an adverse use against others for more than twenty years, or that the ditch, as used before division of the land by the owner, was a necessity to the upper unsold tract, and that its -waters could find vent only through this ditch across the lower lands conveyed away to the defendant.</p>