Title 51 — Title 51
0 chapters · 147 sections in this title.
O.C.G.A. § 51-9-1 Cause of action for interference with enjoyment of property
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The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie. (Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Ci…
O.C.G.A. § 51-9-10 Interference with right of way or right of common
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The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto. (Orig. Code 1863, § 2963; Code 1868, § 2970; Code 1873, § 3021; Code 1882, § 3021; Civil Code 1895, § 3882; Civil Code 1910, § 4478; Code 1933, § 105-1410.)
O.C.G.A. § 51-9-11 Slander or libel concerning title to land
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The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom. (Orig. Code 1863, § 2964; Code 1868, § 2971; Code 1873, § 3025; Code 1882, § 3025; Civil Code 1895, § 3883;…
O.C.G.A. § 51-9-2 Recovery of possession of lands; damages
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The bare right to possession of lands shall authorize their recovery by the owner of such right, as well as damages for the withholding of such right. (Orig. Code 1863, § 2956; Code 1868, § 2963; Code 1873, § 3014; Code 1882, § 3014; Civil Code 1895, § 3875; Civil Code 1910, § 44…
O.C.G.A. § 51-9-4 Action for trespass by person having title
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The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bri…
O.C.G.A. § 51-9-6 Damages for continuing trespass
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Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action. (Civil Code 1895, § 3884; Civil Code 1910, § 4480; Code 1933, § 105-1406.) 743 Hist…
O.C.G.A. § 51-9-7 Diversion, obstruction, or pollution of stream as trespass
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The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The …
O.C.G.A. § 51-9-8 Interference with underground streams
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The course of a stream of water underground and its exact condition before its first use are so difficult of ascertainment that trespass may not be brought for any supposed interference with the rights of a proprietor. (Orig. Code 1863, § 2961; Code 1868, § 2968; Code 1873, § 301…