2020 Georgia Code
Title 44 - Property
Chapter 9 - Easements
Article 1 - In General
§ 44-9-5. Cessation of Easement of Necessity Upon Purchase of Land Providing Access to Highway
Where a way of necessity is appurtenant to land and the owner thereof purchases other land which provides him access to a highway over his own land, the way of necessity ceases.
(Civil Code 1895, § 3066; Civil Code 1910, § 3642; Code 1933, § 85-1402.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Easements and Licenses, §§ 42, 92, 108, 115.
C.J.S.- 28A C.J.S., Easements, §§ 40 et seq., 91 et seq., 119, 120, 162.
ALR.
- Easement of way of necessity as affected by common ownership of parcels which are not accessible one from the other, 5 A.L.R. 1557.
Dedication of footway by permissive use, 7 A.L.R. 125.
Implied easement in respect of drains, pipes, or sewers upon severance of tract, 58 A.L.R. 824.
May right of way be appurtenant where the servient tenement is not adjacent to the dominant, 76 A.L.R. 597.
Roadway or pathway used at time of severance of tract as visible or apparent easement, 100 A.L.R. 1321; 164 A.L.R. 1001.
Right of owner of servient estate to alter conditions essential to enjoyment of easement in connection with stairway, or other part of building, 101 A.L.R. 1292.
Cessation of easement of way by necessity upon cessation of necessity, 103 A.L.R. 993.
Private easement in way vacated, abandoned, or closed by public, 150 A.L.R. 644.
Commencement and duration of express easement as affected by provision in instrument creating it, 154 A.L.R. 5.
Conveyance of land as bounded by road, street, or other way as giving grantee rights in or to such way, 46 A.L.R.2d 461.
Easements: way by necessity where property is accessible by navigable water, 9 A.L.R.3d 600.
Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.
Way of necessity over another's land, where a means of access does exist, but is claimed to be inadequate, inconvenient, difficult, or costly, 10 A.L.R.4th 447.
Way of necessity where only part of land is inaccessible, 10 A.L.R.4th 500.
