51-9-9. Interference with rights of owner above and below surface of property.

Active

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

The owner of realty has title downwards and upwards indefinitely; and an unlawful interference with his rights, either below or above the surface, gives him a right of action.

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, § 2962; Code 1868, § 2969; Code 1873, § 3020; Code 1882, § 3020; Civil Code 1895, § 3881; Civil Code 1910, § 4477; Code 1933, § 105-1409.

Cross references

Extent of title downward and upward indefinitely, § 44-1-2. Leasing of mining interests in land, § 44-6-102. Determination of ownership of gas injected into underground storage reservoir, § 46-4-58.

Law reviews

For article, ‘‘Keep Out! The Efficacy of Trespass, Nuisance and Privacy Torts as Applied to Drones,’’ see 33 Georgia St. U.L. Rev. 359 (2017).

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 t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, pages 750 to 751; merge action: carried; file SHA-256 bc30a40687b2.