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.
History. 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).
Law reviews.
For article, “Some Aspects of the Law of Easements,” see 9 Ga. St. B.J. 287 (1973).