Title 44

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 judge of the superior court, the state court, the civil c…

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 …

In an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-72, all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be…

(a) At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense or c…

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating t…

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with good security for a sum equal to the value of the property or the amount of the rent alleged to be due, whichever is less, to …

(a) If, on the trial of the case, the judgment is against the tenant, the judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted. (b) If the judgment is for the tenant, he shall be en…

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…

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, § …

Where a person is employed to work for part of the crop, the relationship of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner of the land. (Civil Code 1895, § 3131; Civil …

Whenever the relationship of landlord and cropper exists, the title to and right to control and possess the crops grown and raised upon the lands of the landlord by the cropper shall be vested in the landlord until the landlord has received his part of the crops so raised and has…

In all cases where a cropper unlawfully sells or otherwise disposes of any part of a crop or where the cropper seeks to take possession of such crops or to exclude the landlord from the possession thereof while the title thereto remains in the landlord, the landlord shall have th…

Termination of residential leases upon issuance of civil or criminal family violence orders, §44-7-23. Fixtures. Tenant may not remove permanent fixtures, §44-7-11. Trade fixtures erected by tenant. Abandonment. Trade fixtures remaining after term, §44-7-12. LANDLORD AND TENANT —Con…

Title to crops. Recovery of crops sold or disposed of without landlord’s consent. Illegal sale by cropper; refusal of landlord to deliver cropper’s share; penalties. For article, ‘‘The New Documentary Concerns Associated With Intelligent Buildings,’’ see 22 Ga. St. B.J. 16 (1985)…

Foreclosure of liens, §44-7-115. Intact homes, landowner liens,

Pawnbrokers. Restrictions, §44-12-138. ADVERTISING —Cont’d Condominiums. Sales of residential condominium units for residential occupancy. False advertising, §44-3-111. False advertising. Condominiums. Sales of residential condominium units for residential occupancy,

Posting notice of homes found to be derelict, §44-7-113. Disposition. Definition of dispose, §44-7-112. Order authorizing disposition of derelict home, §44-7-114. Foreclosure of liens, §44-7-115. Legislative findings and intent,

Falsification of document, §44-5-155. Sale or purchase of parts, §44-5-154. Bailments. Pawnbrokers. Prohibited acts, §44-12-137. Bill of sale to secure debt. Motor vehicles. Selling or disposing of vehicles securing bill with intent to defraud, §44-14-7. Wrongful sale or removal o…

Landlord and tenant. Dispossessory proceedings. Granting and issuing summons to sheriff or his deputy, §44-7-51. Procedure upon tenant’s refusal,

Proceedings to register land generally, §§44-2-60 to 44-2-84. Adverse possession. General provisions, §§44-5-160 to

Bailments. General provisions, §§44-12-40 to

Prostitution, §44-7-18. Termination of lease. Family violence orders, civil or criminal, §44-7-23. Holding over by tenant. Dispossessory proceedings, §§44-7-49 to 44-7-59. Military service members. Residential rental agreements,

Demand for possession, §44-7-50. False statements in affidavit or answer, §44-7-58. Judgments, §44-7-55. Landlord commencing as retaliation against tenant. Establishment of prima facie case by tenant, requirements, §44-7-24. Manufactured homes, mobile homes, trailers, etc. Remova…

Placement of security deposit in trust in escrow account; notice to tenant of account location. Surety bond in lieu of escrow account; withdrawal of surety; fees; liability of clerk of superior court. Lists of existing defects and of damages during tenancy; right of tenant to ins…

Merry Land & Inv. Co., 263 Ga. App. 316, 587 S.E.2d 816 (2003). Trial court properly granted summary judgment pursuant to O.C.G.A. § 9-11-56(c) to a lessor in a lessee’s breach of contract action; pursuant to a lease for roof space to be used for a billboard, the lessee defaulted…

44-7-72. 44-7-73. 44-7-74. on failure to answer; trial; possession pending final outcome. Payment of rent into court; transfer and possession of property pending trial; seizure; disposition of funds. Bond; determination of amount; effect of approval on alienability of property. J…

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…

The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one’s lands is appurtenant to the ownership of the land; but the right to establish and operate a public bridge or ferry is a franchise to be granted by the state. Whe…

The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner’s boundary shall extend to the thread or the center of the main current of the water. If the current changes gradually, the boundary…

The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. The legislature has no power to compel or interfere with the owner’s lawful use of the stream, for the benefit of those above or below him on the …

It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, together with canals and appurtenances thereof, across the stream for the development of water power and for other…

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…

The title to the beds of all nonnavigable tidewaters where the tide regularly ebbs and flows shall vest in the owner of the adjacent land for all purposes, including, among others, the exclusive right to the oysters, clams, and other shellfish therein or thereon. If the water is th…

(a) A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular …

Nothing in Code Sections 44-8-6 and 44-8-7 shall be so construed as to authorize such an exclusive appropriation of any tidewater, navi21 gable or nonnavigable, by any person as will prevent the free use of the same by other persons for the purposes of passage and for the transpo…

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…

(a) Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. If they derive title from a common grantor, the lateral support shall include the weight of walls and other burdens that may be on it. If, at the tim…

A parol license to use another’s land is revocable at any time if its revocation does no harm to the person to whom it has been granted. A parol license is not revocable when the licensee has acted pursuant thereto and in so doing has incurred expense; in such case, it becomes an…

Where a way of necessity is appurtenant to land and the owner thereof purchases other land which provides him access to a highway over his own land, the way of necessity ceases. History. Civil Code 1895, § 3066; Civil Code 1910, § 3642; Code 1933, § 85-1402. History of Section. T…

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…

No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or right of way in, over, under, or across said real property, which easement or right of way was created by an operation of law or by a…

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