44-9-6. Loss of easement by abandonment or nonuse.

Active

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

An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment.

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, § 3068; Civil Code 1910, § 3644; Code 1933, § 85-1403.

Law reviews

For comment on Aggregate Supply Co. v. Sewell, 217 Ga. 407, 122 S.E.2d 580 (1961), as to nonabandonability of a profit a’prendre, see 14 Mercer L. Rev. 473 (1963).

Other notes

History of Section.: This Code section is derived from the decision in Winham, King & Aldridge v. McGuire, 51 Ga. 578 (1874).

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 67; merge action: annotated; file SHA-256 02e72213893a.