44-7-12. Removal of trade fixtures during term; when abandoned.

Active

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

During the term of his tenancy or any continuation thereof or while he is in possession under the landlord, a tenant may remove trade fixtures erected by him. After the term and his possession are ended, any trade fixtures remaining will be regarded as abandoned for the use of the landlord and will become the landlord’s property.

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

Civil Code 1895, § 3120; Civil Code 1910, § 3696; Code 1933, § 61-110.

Law reviews

For article discussing lawful removal of fixtures by tenant, see 4 Ga. B.J. 16 (1942). For article on the law governing the removal of trade fixtures from property in Georgia, see 19 Ga. B.J. 35 (1956). For article discussing U.C.C. provisions establishing a security interest in fixtures as a means of protecting sellers, see 16 Mercer L. Rev. 404 (1965). For article discussing origin and construction of Georgia provision concerning tenant’s rights to fixtures constructed by him, see 14 Ga. L. Rev. 239 (1980). For article, ‘‘Usufructs and Estates for Years Distinguished,’’ see 18 Ga. St. B.J. 116 (1982).

Other notes

History of Code section.: This Code section is derived from the decisions in Youngblood & Harris v. Eubank, 68 Ga. 630 (1881), and Wright v. DuBignon, 114 Ga. 765, 40 S.E. 747, 57 L.R.A. 669 (1902).

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 797; merge action: annotated; file SHA-256 490191d3dc54.