Title 44. PROPERTY · Chapter 9. EASEMENTS · Article 1. IN GENERAL
44-9-3. Right of lateral support from adjoining land; right to make excavations up to boundary line; notice to adjoining landowner; standard of care.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. If they derive title from a common grantor, the lateral support shall include the weight of walls and other burdens that may be on it. If, at the time of the sale by such common grantor, there are buildings adjoining each other, the right shall extend to the lateral support which each adjacent wall gives to the other.#
- (b)
On giving reasonable notice of his intention to the adjoining landowner, the owner of land has the right to make proper and needful excavations up to the boundary line for purposes of construction, provided that he uses ordinary care and takes reasonable precautions to sustain the land of the other.#
History
Civil Code 1895, §§ 3047, 3048; Civil Code 1910, §§ 3619, 3620; Code 1933, §§ 85-1202, 85-1203.
Law reviews
For comment on Levison v. Goode, 164 Ga. 361, 138 S.E. 583 (1927), see 1 Ga. L. Rev. No. 2, p. 47 (1927).
Other notes
- History of Section.
- This Code section is derived from the decisions in Montgomery v. Trustees of Masonic Hall, 70 Ga. 38 (1883) and Harrison v. Kiser, 79 Ga. 588, 4 S.E. 320 (1887).
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 57; merge action: carried; file SHA-256 02e72213893a.
Ask about this section
The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.