§ 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; […]
§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages
When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months’ knowledge of such facts without moving for damages. History. Orig. […]
§ 44-9-56. Notice of Closing of Private Way After One Year’s Use
If a road has been used as a private way for as much as one year, the 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 […]
§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees
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 or incorporated therein a plat showing […]
§ 44-9-42. Selection of Assessors
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. History. […]
§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors
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 him on a day certain as to why […]
§ 44-9-44. Appeals From Award of Assessors; Jury Trial
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 by […]
§ 44-9-1. Methods of Acquiring Private Ways
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 […]
§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment
Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of […]
§ 44-9-2. Acquisition of Easement of Light and Air
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 belonging to such person, the easement of light […]