¶2Counsel for appellants in their brief in support of the application for rehearing have vigorously attacked the opinion heretofore rendered in this case.
¶3In the early part of their brief counsel write:
“There is not a scintilla of information to be gleaned from the record which, under any previous authorities or precedents to be found, can be said to be the basis of any right in the owners of the Subdivision lots to access to the Bay, other than the general right they might share with the general public to pass over the roadway.”
¶4Such statement completely ignores the special right of the complainant Brodbeck in the nature of an easement appurtenant to his lot to use Zundel Street, or Zundel Lane, which right he acquired by virtue of the ownership of his lot in the subdivision, a plat which had been recorded in the Probate Office of Baldwin County on 25 January 1909.
¶5Such specious premise is the starting point of several contentions set forth in the argument of counsel for appellants, and is destructive of the validity of such contentions. We therefore see no necessity for discussion of the arguments so premised.
¶6Prior to statutes authorizing the annulment of plats, and the closing and vacating of streets, the general effect of platting land into blocks and lots, setting apart and designating intervening areas as striets, followed by a sale of lots with reference to such a map showing such streets, was to work an irrevocable dedication of the streets to the purchasers of the lots and to the general public. Smith v. Birmingham Realty Co., 208 Ala. 114, 94 So. 117.
¶7We think the law governing the facts presented in this case is clearly set forth in Highland Realty Co. v. Avondale Land Co., 174 Ala. 326, 56 So. 716, in substance as follows:
1. Where one acquires a lot in a platted subdivision abutting on a street designated in the plat, he thereby acquires an easement of access to and from his lot over any of the public ways shown on the plat. This right is an incorporeal hereditament appurtenant to the lot in question, and is entitled to protection equally with corporeal estate if its use is materially threatened.
2. In addition to the private right above mentioned such lot owner, as a member of the general public, also acquires a right to the use of said street in the subdivision.
3. Where such dedicated street is attempted to be closed without the consent of the abutting lot owner by a vacation of the street, such action is “ominous of changes feared, and prophetic of evil” to the lot owner. In such case a remedy at law for damages is inadequate, and equity will intervene for the protection of the lot owners’ rights.
¶8Of necessity any statutory provisions relating to the vacating of a street, where an abutting lot owner has acquired an appurtenant easement in the use of the street, must be considered in the limiting influence of Section 23 of our Constitution which provides among other things that private property may not be taken for private use, or for the use of corporations, other than municipal, without consent of the owner; provided, however, the legislature may by law secure to persons or corporations the power of eminent domain, just compensation being first made to the owner where the power of eminent domain is exercised under the statutory provisions permitting the exercise of such power.
¶9We note that Chapter 2, Title 56, Sections 12 through 25, contains provisions for the recordation of plats of subdivisions, and the effects of such recordation. Section 16 of said Chapter 2 affords a method for annulling such plats before any lots are sold in the subdivision.
¶10*157Section 17 of Chapter 2 affords a method by which a street or alley shown in a recorded plat may be vacated by the owners of lots abutting on a street in a recorded plat, or abutting on the street or alley desired to be vacated. Section 17, or its progenitors, has been in four of our prior codes. At first reading it is difficult to ascertain any material difference between Section 17 and Section 32 of Article 1, Chapter 3 of Title 56 of our code, which section was set out in our original opinion.
¶11However, in Smith v. Birmingham Realty Co., 208 Ala. 114, 94 So. 117, this court held that Section 17, when read in pari materia with Sections 13 and 20 of Chapter 2, necessitated the conclusion that Section 17 could have application only to the vacation of streets or alleys shown on a duly recorded plat, and could not apply to the vacation of streets or alleys shown on plats not so recorded.
¶12It would appear that Section 32 would authorize the vacation of a street by abutting owners in a platted subdivision, whether such plat be recorded or not.
¶13It is further to be noted that both Section 17 and Section 32 each specify that the effect of a vacation of a street is to divest “all public rights.” Special rights of non-consenting owners abutting on that portion of a street not vacated, cannot be divested without dedicating for them another way of reasonable access, unless another reasonable access yet exists after the vacation of the street.
¶14In 1931 an Act was passed providing for the vacation of streets at the instance of the governing body of either a municipality or of a county. This act appears as Article 1 of Chapter 3, Title 56, Sections 26-31 of our code.
¶15Full provisions are set forth in this article for notice to the owners of lots abutting on the street to be closed, as well as notice to owners of other lots, if any, which will be cut off from access thereto over some other reasonable way. A hearing in the Probate Court on the matter is provided. If the Probate Court grants the petition to vacate the street, then three Commissioners are appointed to assess damages resulting to the lot owners. Upon the payment of damages assessed by the Commissioners, the Probate Court orders the street to be closed. Any aggrieved lot owner may within thirty days appeal from such order tO‘ the Circuit Court where the cause is tried de novo, with either party having a right to demand a jury trial.
¶16Thus under Article 1, where the governing body of either a city or county seeks to have a street vacated, full protection is given any lot owner in a subdivision suffering a special injury.
¶17In 1939, an Act was passed providing a method for vacation of streets by abutting landowners. This Act appears in our Code as Section 32, Article 2 of Chapter-3 of Title 56. As before stated, it is substantially the same as Section 17 of Chapter 3, Title 56, except that it apparently gives-to abutting landowners the right to vacate a street whether the plat has or has not been recorded. We say this for the reason that no other sections appear in Article 2,. and therefore it is not limited by other sections as is Section 17 of Chapter 2.
¶18We have again considered our conclusions expressed upon original deliverance to the effect that Brodbeck would be deprived of a reasonable and convenient access to Mobile Bay by the vacating of Zundel Street. He had a special right in such access by reason of the easement, appurtenant to his lot in the platted subdivision. We are in accord with the conclusions in this aspect expressed in our original opinion.
¶19Counsel for appellants have charged in their brief that we have created a right to an easement of necessity available to-all persons who may own land near a bay or body of water, but whose land is separated from such body of water by intervening landowners. After conjuring up' such “right” counsel designates it as a way of necessity, for, as counsel states: “We refuse to believe that this court intends to-declare some new and novel type of easement of joy and pleasure or easement of recreational convenience.”
¶20*158The froth of this argument is immediately dissipated by a reading of our original opinion, and the issues reviewed therein. No land separated from the bay by intervening landowners was involved. There was involved, however, the protection of a special right held by Brodbeck, i.e., an easement affording access to Mobile Bay.
¶21Counsel for appellants ask that wc consider “minutely” the cases of Jackson v. Birmingham Foundry and Machine Co., 154 Ala. 464, 45 So. 660; Chichester v. Kroman, 221 Ala. 203, 128 So. 166, and Markstein v. City of Birmingham, 286 Ala. 551, 243 So.2d 661.
¶22Jackson, supra, sought to abate a nuisance caused by the erection of a fence across a road in a platted subdivision in an unincorporated section of Jefferson County. The legislature had passed an act vacating the street. The appellant’s lot 'did not abut on the street, but was two blocks away from the portion of the street vacated, and there were “numerous convenient and reasonable ways of ingress” to appellant’s lot. The court held that the appellant had no right in the vacated street apart from the one he had as a member of the general public.
¶23In Chichester, supra, the complainant filed a bill to enjoin the erection of an apartment building which covered part of an alley. This alley was precipitous and little used and had previously been vacated by acquiesence of the City Commission of Birmingham on request of all of the owners of land abutting on the alley. The complainant’s lot did not abut on the alley, and she had other access to her property, and yet another way to complainant’s property was dedicated by the owners of the land abutting on the vacated alley. The lower court entered a decree in complainant’s favor. This court reversed and rendered, holding that under the facts the complainant was not entitled to relief.
¶24In Markstein, supra, demurrer was sustained to appellant’s complaint, and a non suit was taken. The complaint showed that the plaintiff’s property did not abut on the portion of the street obstructed by a deep cut made in connection with the construction of an expressway. The complaint alleged that two easterly access roads were blocked, leaving two westerly access roads to her lot. This court affirmed the action of the trial court in sustaining the demurrer, holding that the plaintiff had not alleged she was an abutting owner of the part of the street vacated, and the complaint on its face showed that reasonable access to her property had not been denied by the vacation of the portion of the street vacated.
¶25After consideration of the above cases, we dot not consider the present case within their influence.
¶26Even though Brodbeck’s lot did not abut on the portion of Zundel Street vacated, he was effectively deprived of a convenient and reasonable means of ingress and egress to and from Mobile Bay, with no other way being afforded him by any remaining streets, or any other way dedicated for such purpose, nor was any other reasonably way to the Bay open to him.
¶27Appellants argue that so long as Brodbeck was not derprived of a reasonable access to and from his property on the landward side, no injury to him resulted in the vacation of Zundel Street. Reasonable access to a body of water is truly a valuable right in the ownership of property should not be limited, as appellants contend, only to access by land.
¶28Counsel for appellants also complain, that we did not write to assignments of error 1, 2, 3, and 4, which relate to action of the court in overruling appellants’ demurrers to the bill.
¶29Assignments 1, 2, and 3, are addressed to the grounds of demurrer going to the bill as a whole.
¶30It is appellants’ contention that the bill shows on its face that it does not contain equity in that it does not show that the appellee suffered any infringement of a right peculiar to him and different from that suffered by the public, and further that the bill fails to show that the appellee *159owned any land abutting on the portion of the street vacated, nor does it show that Brodbeck was deprived of a reasonable access to a general highway system.
¶31The bill avers that complainant was the owner of a lot abutting on Zundel Street, dedicated by recordation of the plat of the subdivision; that Zundel Street has been used as a public road since its dedication, “and by complainant and other owners abutting -on said lane and owning property in the subdivision” as an access road to Mobile Bay to use the waters for bathing, fishing, and other aquatic uses. The bill further avers that the respondents have obstructed the road “against its use by complainant and the general public and other users of said land inchiding the residents of the subdivision.” (Emphasis ours.)
¶32The bill of complaint does show therefore that the complainant had a special right in the maintenance of Zundel Street, as well as a right as a member of the public. In this aspect the bill was not lacking in equity in that it shows that Brodbeck did have a special right in the maintenance of an access way to Mobile Bay. No error resulted in sustaining the demurrer to the bill as a whole because of the above asserted grounds.
¶33Assignment of error 4 charges error in overruling the demurrer to the bill on that ground asserting that complainant was not entitled to injunctive relief.
¶34Under the facts averred in the bill, if proven, the complainant was entitled to injunctive relief. All the essential facts were stipulated. The complainant was therefore entitled to injunctive relief. Highland Realty Co. v. Avondale Land Co., 174 Ala. 326, 56 So. 716. See also Lybrand v. Town of Pell City, 260 Ala. 534, 71 So.2d 797.
¶35Opinion extended. Application overruled.