2020 Georgia Code
Title 44 - Property
Chapter 1 - General Provisions
§ 44-1-2. "Realty" or "Real Estate" Defined; Extent of Owner's Interest in Airspace

Universal Citation: GA Code § 44-1-2 (2020)
  1. As used in this title, the term "realty" or "real estate" means:
    1. All lands and the buildings thereon;
    2. All things permanently attached to land or to the buildings thereon; and
    3. Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.
  2. The property right of the owner of real estate extends downward indefinitely and upward indefinitely.

(Orig. Code 1863, § 2197; Code 1868, § 2192; Code 1873, § 2218; Code 1882, § 2218; Civil Code 1895, § 3045; Civil Code 1910, § 3617; Code 1933, § 85-201.)

Cross references.

- Obtaining title to mineral rights through adverse possession, § 44-5-168.

Leasing mining interests in land, § 44-6-102.

Determining ownership of gas injected into underground storage reservoir, § 46-4-58.

Provisions regarding extent of title downward and upward indefinitely, § 51-9-9.

OPINIONS OF THE ATTORNEY GENERAL

For listing of numerous items to be considered as fixtures and as part of realty, see 1969 Op. Att'y Gen. No. 69-90.

Trees or timber are part of realty and remain such until severed. Once severed, trees or timber become personal property. 1958-59 Op. Att'y Gen. p. 379.

Advertisement sign per se is personal property, but when placed with the intention that the sign remain permanently in that place, the sign may be considered as part of the realty. 1970 Op. Att'y Gen. No. 70-163.

Mobile homes.

- Mobile home can be considered as part of the realty when it is placed on the property with the intent that the mobile home remain permanently in place and that the mobile home pass as part of the realty when conveyed. In order to determine what the intent was with respect to the mobile home, all of the surrounding facts and circumstances should be considered in each case as outward manifestations of what was in fact intended. 1969 Op. Att'y Gen. No. 69-316.

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