Title 44 — Title 44

Anyone who, under oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section 44-7-50 or in an answer filed pursuant to Code Section 44-7-51 shall be guilty of a misdemeanor. (Code 1933, § 61-9905, enacted by Ga. L. 1976, p…

Abatement of hazard from abandoned well or hole, §44-1-14. Expenditure of county funds, §44-1-14. Recovery of cost of filling or covering, §44-1-14. HOMESTEAD EXEMPTIONS.

Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will. (Orig. Code 1863, § 2271; Code 1868, § 2264; Code 1873, § 2290; Code 1882, § 2290; Civil Code 1895, § 3132; Civil Code 1910, § 3708; Code 1933, § 61-104; Ga. L. 1952, p. 201…

Family violence orders, civil or criminal, §44-7-23. Holding over by tenant. Dispossessory proceedings, §§44-7-49 to 44-7-59. Landlord retaliation against tenant. Establishment of prima facie case by tenant, requirements, §44-7-24. Military service members. Residential rental agr…

Damages, §44-7-77. Duties of landlords. Flooding propensity of property. Notification requirements, §44-7-20. Repairs and improvements, §44-7-13. Utilities, §44-7-14.1. Emblements. Tenancy at will. Right of tenant to, §44-7-8. Enjoyment of use by tenants. Specific rights of tenants…

When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the 886 44-7-71 judge of the superior court, the state court,…

When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the …

Landlord and tenant. Destruction of tenement. Effect on obligation to pay rent, §44-7-15. Use of land and tenements rented to tenant. Specific rights of tenants, §44-7-11. TERMINALLY ILL PERSONS. Gifts causa mortis, §44-5-100. THEFT. Land registration. Theft in connection with reg…

Trial of issues, §44-7-74. Claims by third persons, §44-7-81. Possession pending final outcome, §44-7-74. Transfer of property pending trial, §44-7-75. Bond, §44-7-76.

Failure to notify prospective tenant, §44-7-20. Retaliation by landlord against tenant, action for, §44-7-24. Security deposits. Failure to return security deposit, §44-7-35. Tort liability of landlord, §44-7-14.

Any judgment by the trial court shall be appealable to the appellate court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in the premises and in possession of h…

Whenever a distress warrant is granted pursuant to this article, the distress warrant may be levied by the marshal, the sheriff, or the deputy on any property belonging to said tenant whether found on the premises or elsewhere; and the marshal, the sheriff, or the deputy shall ad…

Encumbered property. Removal to hinder, delay or prevent levy, §44-14-9. Conviction not dependent upon principal’s conviction, §44-14-9. Venue, §44-14-9. AIDS. Ghost in the attic statute. Diseased person occupying site subject to real estate transaction. Failure to disclose, §44-…

The landlord’s lien for his rent shall attach from the time that the affidavit is made pursuant to Code Section 44-7-71; but it shall take precedence over no lien of older date except as to the crop raised on the premises. (Orig. Code 1863, § 2268; Code 1868, § 2260; Code 1873, §…

A third person may make a claim to the distrained property by giving the oath and the bond as is required in cases of other claims. Such a claim shall be returned and tried as is provided by law for the trial of the right of property levied upon by execution. (Orig. Code 1863, § …

(a) As used in this Code section, the term ‘‘mobile home’’ means a movable or portable dwelling over 32 feet in length and over eight feet wide which is constructed to be towed on its own chassis and to be connected to utilities and is designed without a permanent foundation for …

The tenant may not dispute his landlord’s title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive act or taking any position whereby he expressly or impliedly recognizes his landlord’s title, or while he is takin…

Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner. History. Ga. L. 1855-56, p. 12, § 1; Code 1863…

Private bridges. Construction or establishment within or adjoining lands appurtenant to ownership, §44-8-10. 928 INDEX BRIDGES —Cont’d Riparian rights —Cont’d Public bridges. Construction or operation. Franchise to be granted by state, §44-8-10. BURDEN OF PROOF —Cont’d Georgia la…

Construction, §44-8-4. Liability for resulting damages, §44-8-4. Exclusive possession by owner, §44-8-3. 1141 INDEX RIPARIAN RIGHTS —Cont’d Nonnavigable streams —Cont’d Interference by legislature with lawful use, §44-8-3. Rights of adjoining owners, §44-8-2. Nonnavigable tidewat…

Construction of ditches to protect lands from freshets and overflows and watercourses, §44-8-9. Diversion of water, §44-8-1. Construction of levees and ditches, §44-8-9. Exclusive appropriation of tidewaters, §44-8-8. Ferries. Private ferries. Construction or establishment within …

Ichauway, Inc., 268 Ga. 710, 493 S.E.2d 148, 1997 Ga. LEXIS 746 (1997). Deed conveying property bounded by river conveyed title to riverbed. — Deed conveying title to property bounded on three sides by a river, conveyed title to the riverbed, in the absence of a reservation of ti…

Anatomical gifts. Search of donor registry. Rights and duties of procurement organizations, §44-5-152. Search of individual for document of gift, §44-5-150. Encumbered property. Removal to hinder, delay or prevent levy. Search for property where defendant without permanent abode,…

NONRESIDENTS. Bills of sale to secure debt. Recordation, §44-14-63. Land registration. Actions against assurance fund. Notice, §44-2-193. Cancellation of mortgage, lien, equity or lis pendens. Refusal to authorize cancellation. Service by publication of petition and rule nisi, §4…

All persons owning lands on any watercourses are authorized to ditch and embank their lands in order to protect the lands from freshets and overflows in the watercourses, provided that the ditching and embanking does not divert the watercourse from its ordinary channel; but nothin…

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 …

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…

This article shall be known and may be cited as the “Solar Easement Act of 1978.” History. Ga. L. 1978, p. 2076, § 1.

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,…

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.

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…

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…

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 …

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…

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…

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…

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 …

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…

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.

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…

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 …

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…

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…

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,…

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…

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…

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…

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…

(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 …

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…