Georgia Commons

Title 44. PROPERTY

Chapter 9. EASEMENTS

42 sections · 44-9-1 to 44-9-92

Article 1. IN GENERAL

  1. 44-9-1Methods of acquiring private ways.
  2. 44-9-2Acquisition of easement of light and air.
  3. 44-9-3Right of lateral support from adjoining land; right to make excavations up to boundary line; notice to adjoining landowner; standard of care.
  4. 44-9-4Parol license; when revocable; when easement running with land.
  5. 44-9-5Cessation of easement of necessity upon purchase of land providing access to highway.
  6. 44-9-6Loss of easement by abandonment or nonuse.
  7. 44-9-7Effect of sale of property for taxes or assessments on easements or rights of way.

Article 2. SOLAR EASEMENTS

  1. 44-9-20Short title.
  2. 44-9-21Legislative findings and declaration of policy.
  3. 44-9-22Establishment of solar easements.
  4. 44-9-23Contents of solar easements.

Article 3. PRIVATE WAYS

  1. 44-9-40Authority of superior court to grant private ways; filing of petition as declaration of necessity; when proceeding enjoined.
  2. 44-9-41Contents of petition; manner of service and advertisement; fees.
  3. 44-9-42Selection of assessors.
  4. 44-9-43Show cause order; selection of assessors; hearing before assessors.
  5. 44-9-44Appeals from award of assessors; jury trial.
  6. 44-9-45Maintenance of private way by condemnor; failure to maintain as abandonment.
  7. 44-9-46Determination of amount of compensation and other issues by jury; payment and disposition of damages.
  8. 44-9-47Motions and proceedings subsequent to judgment; payment of compensation; nonpayment as abandonment; effect of abandonment on subsequent application.
  9. 44-9-48Agreements between parties as to payment of compensation.
  10. 44-9-49Establishment of private way by agreement between parties.
  11. 44-9-50Recording of private way; protection of owner’s use.
  12. 44-9-51Establishment of private way by several landowners; duties and privileges of subsequent vendees.
  13. 44-9-52Establishment and apportionment of private way by several landowners.
  14. 44-9-53Establishment of private way over wild lands without notice to landowner; assessment of damages after notice.
  15. 44-9-54Establishment of private way by prescription.
  16. 44-9-55Establishment of private way by prescription; when owners barred from damages.
  17. 44-9-56Notice of closing of private way after one year’s use.
  18. 44-9-57Limitation on use of private ways for specific commercial purposes.
  19. 44-9-58Petition to use another’s landing.
  20. 44-9-59Obstructions; proceedings for removal; petition; rule nisi; order; appeal; fees.
  21. 44-9-60Conditions for converting private ways into public roads.

Article 4. RIGHTS OF WAY FOR MINING, QUARRYING, AND OTHER BUSINESSES

  1. 44-9-70Obtaining rights of way for mining, quarrying, and other business.
  2. 44-9-71Appointment of arbitrators in right of way disputes.
  3. 44-9-72Arbitration of requests for diversions of watercourses.
  4. 44-9-73Right of mine owner to control water power with canal or dam; damages to intervening landowners; application to probate court for such right.
  5. 44-9-74Right to drain mine, carry off ore or transport items over adjoining land; compensation of landowner; application for such right; proceedings.
  6. 44-9-75Application of article to lessee of mine.
  7. 44-9-76Amount of water allowed to be withdrawn from stream above mill or factory by mine owner or lessee.

Article 5. TIMBER TRAMWAYS

  1. 44-9-90Petition for construction of tramway.
  2. 44-9-91Proceedings to lay out way; maximum width.
  3. 44-9-92Abandonment; effect.