Prescription involving incorporeal rights

An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription. (Civil Code 1895, § 3590; Civil Code 1910, § 4170; Code 1933, § 85-409.) History of Code section. — This Code section is derived from the decisions in Phinizy v. City Council, 47 Ga. 260 (1872), and Mitchell v. Mayor of Rome, 49 Ga. 260 (1872).