Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-9-1 Methods of acquiring private ways
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The right of private way over another’s land may arise from an express grant, from prescription by seven years’ uninterrupted use through improved lands or by 20 years’ use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by …
O.C.G.A. § 44-9-2 Acquisition of easement of light and air
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A right to an easement of light and air passing over another’s land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belo…
O.C.G.A. § 44-9-20 Short title
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This article shall be known and may be cited as the “Solar Easement Act of 1978.” History. Ga. L. 1978, p. 2076, § 1.
O.C.G.A. § 44-9-21 Legislative findings and declaration of policy
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The General Assembly finds that the use of solar energy in this state can help reduce the nation’s reliance upon imported fuels and that solar energy development should, therefore, be encouraged. The General Assembly further finds that, as the use of solar energy devices increases,…
O.C.G.A. § 44-9-22 Establishment of solar easements
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Any easement obtained for the purpose of ensuring the exposure of a solar energy device shall be created in writing and shall be subject to the same requirements of conveyance and recording as other easements. History. Ga. L. 1978, p. 2076, § 3.
O.C.G.A. § 44-9-23 Short title
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Legislative findings and declaration of policy. Establishment of solar easements. Contents of solar easements. 44-9-52. 44-9-53. Article 3 44-9-40. 44-9-41. 44-9-42. Private Ways 44-9-54. Authority of superior court to grant private ways; filing of petition as declaration of necess…
O.C.G.A. § 44-9-3 Adverse possession
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Instruments creating lien. Effect on prescription, §44-5-176. Possession of land as notice, §44-5-169. Affidavits. Recorded affidavits relating to land as notice of facts cited, §44-2-20. Bailments. Depositories’ liens. Involuntary, gratuitous or naked depositories. Notice to own…
O.C.G.A. § 44-9-4 PARTIES
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Conservation easements. Actions affecting conservation easements, §44-10-4. Ejectment. Death of codefendant. Necessity for substitution, §44-11-11. Making true claimant defendant, §44-11-5. Previous warrantor of title as codefendant, §44-11-10. Land registration. Actions against …
O.C.G.A. § 44-9-40 Removal of obstructions, §44-9-59
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Service, §44-9-41. Use of another landing, §44-9-58. Real property. Foreclosure of mortgages on real estate, §44-14-180. Rule against perpetuities. Reform of disposition by court to approximate transferor’s plan of distribution, §44-6-203. Subdivisions. Registered land, §44-2-162…
O.C.G.A. § 44-9-41 Contents of petition; manner of service and advertisement; fees
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The petition shall describe the easement of private way sought to be condemned over the lands of another and shall state the distance and direction of the private way and the nature of any improvements through which the private way will go. There shall be attached to the petition…
O.C.G.A. § 44-9-42 Selection of assessors
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The petition for condemnation shall name an assessor to act on behalf of the person or corporation seeking to condemn the easement of private way; and the selection of a board of assessors shall be in the way and manner provided for by Part 3 of Article 1 of Chapter 2 of Title 22…
O.C.G.A. § 44-9-43 Show cause order; selection of assessors; hearing before assessors
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Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before …
O.C.G.A. § 44-9-44 Appeals from award of assessors; jury trial
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Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22. History. Code 1933, § 83-105, enacted b…
O.C.G.A. § 44-9-46 Landings
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Limitations on use of private ways for specific commercial purposes, §44-9-57. Petition to use another’s landing, §44-9-58. Limitations on use of private ways.
O.C.G.A. § 44-9-47 JUDGMENTS
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Bills of sale to secure debt. Vacation of judgments rendered upon obligation prior to sale, §§44-14-163 to 44-14-165. Cancellation, §44-14-164. Effect, §44-14-165. Jurisdiction, power and authority, §44-14-163. JUDGMENTS —Cont’d Bills of sale to secure debt —Cont’d Vacation of ju…
O.C.G.A. § 44-9-48 Agreements between parties as to payment of compensation
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Code Section 44-9-47 shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon terms to which the parties agree, including security for compensation so fixed, provided and on condition that the agreement of the parties …
O.C.G.A. § 44-9-49 Payment of compensation, §44-9-48
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Appeals. Motions subsequent to judgments, §44-9-47. EASEMENTS —Cont’d Private ways —Cont’d Award of assessors, §44-9-44. Board of assessors. Appeals from award of, §44-9-44. Hearings, §44-9-43. Selection, §44-9-42. Cessation of easement of necessity. Purchase of land providing ac…
O.C.G.A. § 44-9-5 Recording of private way, §44-9-50
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Agreements between parties establishing, §44-9-49. Removal of obstructions, §44-9-59. Rule nisi. Removal of obstructions, §44-9-59. Service of petition, §44-9-41. Service of rule nisi. Ordering removal of obstructions, §44-9-59. Several landowners establishing private ways, §44-9…
O.C.G.A. § 44-9-50 Recording of private way; protection of owner’s use
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When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the road deed file; and the owner thereof shall be entitled to be protected in the use of the same as a public road. 73 History. Orig. Code 1863,…
O.C.G.A. § 44-9-53 Notice of motion for abandonment
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Failure to pay compensation by condemnors, §44-9-47. Obstructions of private ways, §44-9-59. Petitions, §44-9-40. Assessor to act on behalf of petitioner, §44-9-42. Contents, §44-9-41. Filing deemed declaration of necessity, §44-9-40. Removal of obstruction, §44-9-59. Service, §4…
O.C.G.A. § 44-9-54 Everedge v
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Alexander, 75 Ga. 858, 1885 Ga. LEXIS 252 (1885). Knowledge and acquiescence of owner is of very essence of right of way against owner. Everedge v. Alexander, 75 Ga. 858, 1885 Ga. LEXIS 252 (1885). Prescriber must give notice. — It is fundamental that prescription is to be strict…
O.C.G.A. § 44-9-55 Establishment generally, §44-9-54
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Seven or more years of constant and uninterrupted use, §44-9-54. Seven years’ uninterrupted use through improved lands, §44-9-1. Twenty years’ use through wild lands, §44-9-1. Evidence. Actual possession, §44-5-165. Forgery. Adverse possession for seven years confers title. Writt…
O.C.G.A. § 44-9-56 Notice of closing of private way after one year’s use
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If a road has been used as a private way for as much as one year, the 82 44-9-56 owner of the land over which it passes may not close it up without first giving the common users of the private way 30 days’ written notice so that they may take steps to have it made permanent pursua…
O.C.G.A. § 44-9-57 Limitation on use of private ways for specific commercial purposes
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(a) When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing where the business of rafting or shipping is carried on or to any railroad depot, the use of the private way shall not extend to …
O.C.G.A. § 44-9-58 Petition to use another’s landing
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When the applicant for a private way also desires to use another’s landing, he must state this desire in his petition so that proper damages may be assessed for such use. History. Orig. Code 1863, § 707; Code 1868, § 769; Code 1873, § 735; Code 1882, § 735; Civil Code 1895, § 676…
O.C.G.A. § 44-9-59 State of Georgia
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Land registration. Service upon state, §44-2-69. SETOFFS. Ejectment. Value of improvements against mesne profits. Adverse claimant, §44-11-9. By trespassers, §44-11-8. Trover. Action involving purchase money contract, §44-12-154. SETTLEMENTS. American Indian human remains and buri…
O.C.G.A. § 44-9-6 Loss of easement by abandonment or nonuse
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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. History. Civil Code 1895, § 3068; Civil Code 1910, § 3644; Code 1933, § 85-1403. History of Section. This…
O.C.G.A. § 44-9-60 Jurisdiction to grant, §44-9-40
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SUPERIOR COURTS —Cont’d Ejectment proceedings against intruders. Jury trial on submission of counteraffidavit, §44-11-32. Exemptions from levy and sale. Constitutional exemptions. Sale of excess property by receiver. Power over receiver, §44-13-86. Sale of property for reinvestme…
O.C.G.A. § 44-9-7 State tax executions
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Recordation, clerk’s duties, §44-2-2. Renewal of unsatisfied executions previously existing. Recordation, clerk’s duties, §44-2-2. 1162 INDEX TELEPHONES. Conveyances to secure debt. Recordation of deed to secure debt relating to real and personal property by entity furnishing serv…
O.C.G.A. § 44-9-71 Appointment of arbitrators in right of way disputes
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In the event the parties disagree as to the necessity for the right of way sought to be condemned and as to the compensation to be paid to the landowners therefor, arbitrators may be selected as provided by Parts 1 and 2 of Article 2 of Chapter 9 of Title 9. History. Ga. L. 1887,…
O.C.G.A. § 44-9-72 Arbitration of requests for diversions of watercourses
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In all cases where it may be deemed desirable and necessary to divert any watercourse from its usual channel for any of the purposes specified in Code Section 44-9-70, it shall be lawful to submit the request to arbitration as provided in Chapter 9 of Title 9; and the arbitrators …
O.C.G.A. § 44-9-73 Probate courts
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Control of water power by mine owner with canal, dam, etc. Application to court for right, §44-9-73. MINES —Cont’d Rights of way for mining and quarrying —Cont’d Watercourse diversion. Arbitration of requests, §44-9-72. Water power. Right of mine owner to control with canal, dam,…
O.C.G.A. § 44-9-74 DOCTRINE OF LIS PENDENS
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Lis pendens notice, §§44-14-610 to 44-14-613. DOMESTICATION OF FOREIGN JUDGMENTS. Exemptions from levy and sale. Domesticated judgment from another state, §44-13-120. DRIVERS’ LICENSES. Anatomical gifts. Department of driver services. Access to records by procurement organization…
O.C.G.A. § 44-9-75 Application of article to lessee of mine
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Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall be entitled to avail himself or themselves of the benefits and privileges of this article. 95 History. Ga. L. 1868, p. 139, § 6; Code 1873, …
O.C.G.A. § 44-9-76 GRANTEES
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Bills of sale to secure debt. Conveyances. Absolute conveyance, §44-14-60. Liens. Grantor’s right to reconvey. Effect of liens against grantor on exercise of right, §44-14-66. Recordation, §44-14-63. Condominiums. Allocation of liability for common expenses, §44-3-80. Lien for as…
O.C.G.A. § 44-9-90 Petition for construction of tramway
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Any person or corporation desiring to build or construct any tramway 96 44-9-91 to connect with any waterway or railway in this state for the purpose of transporting lumber, naval stores, and timber by means of the same may make application in writing to the judge of the probate …
O.C.G.A. § 44-9-91 Proceedings to lay out way; maximum width
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When the application provided for in Code Section 44-9-90 has been filed in the office of the judge of the probate court or the office of the county commissioners, as the case may be, all the proceedings thereafter shall be the same as are allowed and directed by Title 22 for cond…
O.C.G.A. § 44-9-92 Abandonment, §44-9-92
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Maximum width, §44-9-91. Petition for construction, §44-9-90. Proceedings to lay out, §44-9-91. TRANSFERS TO MINORS, §§44-5-110 to 44-5-134. Accounting by custodian, §44-5-129. Annuities. Creation and transfer of custodial property, §44-5-119. Applicability of article, §44-5-112.…