44-1-2. ‘‘Realty’’ or ‘‘real estate’’ defined; extent of owner’s interest in airspace.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
As used in this title, the term ‘‘realty’’ or ‘‘real estate’’ means:#
1. (1)
  All lands and the buildings thereon;#
2. (2)
  All things permanently attached to land or to the buildings thereon; and#
3. (3)
  Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.#
(b)
The property right of the owner of real estate extends downward indefinitely and upward indefinitely.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2197; Code 1868, § 2192; Code 1873, § 2218; Code 1882, § 2218; Civil Code 1895, § 3045; Civil Code 1910, § 3617; Code 1933, § 85-201.

Cross references

Obtaining title to mineral rights through adverse possession, § 44-5-168. Leasing mining interests in land, § 44-6-102. Determining ownership of gas injected into underground storage reservoir, § 46-4-58. Provisions regarding extent of title downward and upward indefinitely, § 51-9-9.

Law reviews

For article, ‘‘Timber Transactions in Georgia,’’ see 19 Ga. B.J. 413 (1957). For article, ‘‘Timber! — Falling Tree Liability in Georgia,’’ see 10 Ga. St. B.J. 10 (2004).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 4; merge action: annotated; file SHA-256 490191d3dc54.

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