44-9-2. Acquisition of easement of light and air.

Active

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

A right to an easement of light and air passing over another’s land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light and air over such vacant lot shall pass as an incident to the house sold as being necessary to the enjoyment thereof.

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, § 3046; Civil Code 1910, § 3618; Code 1933, § 85-1201.

Law reviews

For comment on Hornsby v. Smith, 191 Ga. 491, 13 S.E.2d 20 (1941), see 3 Ga. B.J. 61 (1941).

Other notes

History of Section.: This Code section is derived from the decisions in Turner v. Thompson, 58 Ga. 268 (1876) and Thompson v. Turner, 69 Ga. 219 (1881).

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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 56; merge action: carried; file SHA-256 02e72213893a.

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