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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 1. In General

44-6-121. Rights and liabilities of cotenants; accounting.

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

  1. (a)

    Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall not be liable to account for rent to his cotenant.#

  2. (b)

    A tenant in common shall be liable to account to his cotenant if he:#

    1. (1)

      Receives any rent or other profit from the joint property;#

    2. (2)

      Commits any waste;#

    3. (3)

      Deprives his cotenant of the use of his fair proportion of the joint property;#

    4. (4)

      Appropriates the joint property to his exclusive use; or#

    5. (5)

      Uses the joint property in a manner which must necessarily be exclusive.#

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, § 2283; Code 1868, § 2276; Code 1873, § 2302; Code 1882, § 2302; Civil Code 1895, § 3144; Civil Code 1910, § 3724; Code 1933, § 85-1003.

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, pages 699 to 700; merge action: carried; file SHA-256 490191d3dc54.