44-6-102. ‘‘Lease’’ defined; extent of interest; when mining interest passes.

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

The grant by one person to another of an estate for years out of his own estate, with reversion to himself, is usually termed a lease. Such a lease may be confined to a particular interest in lands, such as the right to mine or farm the same, in which case no other interest shall pass. If no subject of the lease is stated, the right to mine the land in question shall not pass unless the circumstances justify the implication that the parties intended the mining interest to pass.

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, § 2260; Code 1868, § 2252; Code 1873, § 2278; Code 1882, § 2278; Civil Code 1895, § 3114; Civil Code 1910, § 3690; Code 1933, § 85-806.

Cross references

Provision that owner of property owns upward and downward indefinitely, §§ 44-1-2, 51-9-9. Obtaining of title to mineral rights through adverse possession, § 44-5-168. Landlord and tenant relationship generally, Ch. 7 of this title.

Law reviews

For article analyzing legal aspects of time shared (multiple, revolving) ownership of property, see 12 Ga. St. B.J. 75 (1975). For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).

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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, pages 686 to 687; merge action: annotated; file SHA-256 490191d3dc54.

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