§ 44-9-58. Petition to Use Another’s Landing
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; Civil […]
§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees
In the event the owner or owners of land over which a private way may pass or any other person obstructs, closes up, or otherwise renders the private way unfit for use, the party or parties injured by the obstructions or other interference may petition the judge of the probate court in the county where […]
§ 44-9-60. Conditions for Converting Private Ways Into Public Roads
Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in […]
§ 44-9-48. Agreements Between Parties as to Payment of Compensation
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 is approved by the court and that the court […]
§ 44-9-49. Establishment of Private Way by Agreement Between Parties
Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered on the official minutes of the county commission and the road deed file and, when so done, shall have the same effect as though established by Code […]
§ 44-9-50. Recording of Private Way; Protection of Owner’s Use
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. History. Orig. Code 1863, § 699; Code 1868, […]
§ 44-9-51. Establishment of Private Way by Several Landowners; Duties and Privileges of Subsequent Vendees
Several landowners may join together in opening a private way or in maintaining it after establishment or both. When this has been done and has been entered on the official minutes of the county commission and the road deed file, the duties and privileges incident thereto shall extend to vendees of the same real estate. […]
§ 44-9-52. Establishment and Apportionment of Private Way by Several Landowners
When several landowners join together in opening a private way, they may apportion the road work among themselves. History. Orig. Code 1863, § 701; Code 1868, § 763; Code 1873, § 729; Code 1882, § 729; Civil Code 1895, § 670; Civil Code 1910, § 816; Code 1933, § 83-110.
§ 44-9-53. Establishment of Private Way Over Wild Lands Without Notice to Landowner; Assessment of Damages After Notice
If a private way is established over the wild lands of a person who has no notice of the proceeding, at any time within six months after the receipt of such notice he may proceed to have damages assessed against all the landowners who habitually use the private way. History. Orig. Code 1863, § 702; […]
§ 44-9-54. Establishment of Private Way by Prescription
Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way. History. Ga. L. 1872, p. 60, § 1; Code 1873, § 737; Code 1882, § 737; […]