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 the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter.
History. Orig. Code 1863, § 2214; Code 1868, § 2209; Code 1873, § 2235; Code 1882, § 2235; Civil Code 1895, § 3065; Civil Code 1910, § 3641; Code 1933, § 85-1401; Ga. L. 1982, p. 3, § 44.
Cross references.
Acquisition and loss of title to land through adverse possession generally, § 44-5-160 et seq.
Law reviews.
For note distinguishing easement from conditional limitation, see 10 Ga. B.J. 335 (1948).
For article, “Some Aspects of the Law of Easements,” see 9 Ga. St. B.J. 287 (1973).
For annual survey of real property law, see 56 Mercer L. Rev. 395 (2004).
For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006).
For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016).
For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).