44-9-1. Methods of acquiring private ways.

Active

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

The right of private way over another’s land may arise from an express grant, from prescription by seven years’ uninterrupted use through improved lands or by 20 years’ use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter.

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, § 2214; Code 1868, § 2209; Code 1873, § 2235; Code 1882, § 2235; Civil Code 1895, § 3065; Civil Code 1910, § 3641; Code 1933, § 85-1401; Ga. L. 1982, p. 3, § 44.

Cross references

Acquisition and loss of title to land through adverse possession generally, § 44-5-160 et seq.

Law reviews

For note distinguishing easement from conditional limitation, see 10 Ga. B.J. 335 (1948). For article, “Some Aspects of the Law of Easements,” see 9 Ga. St. B.J. 287 (1973). For annual survey of real property law, see 56 Mercer L. Rev. 395 (2004). For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006). For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).

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-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 45; merge action: carried; file SHA-256 02e72213893a.