2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-175. Prescription Involving Incorporeal Rights
An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription.
(Civil Code 1895, § 3590; Civil Code 1910, § 4170; Code 1933, § 85-409.)
Law reviews.- For article, "Some Aspects of the Law of Easements," see 9 Ga. St. B.J. 287 (1973).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Rules
- Particular Rights
- Illustrative Cases
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Adverse Possession, §§ 121, 122, 308. 25 Am. Jur. 2d, Easements and Licenses, §§ 33 et seq., 73, 96, 101 et seq., 106.
C.J.S.- 2 C.J.S., Adverse Possession, § 62. 28A C.J.S., Easements, § 4 et seq.
ALR.
- Implied easement upon severance of tract where building is near or encroaches upon the dividing line, 41 A.L.R. 1210; 53 A.L.R. 910.
Easement by prescription for use of land near boundary line, 58 A.L.R. 1037.
Use by public as affecting acquisition by individual of right of way by prescription, 111 A.L.R. 221.
Nature and extent of interest acquired by railroad in right of way by adverse possession or prescription, 127 A.L.R. 517.
Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 143 A.L.R. 1402; 80 A.L.R.2d 1095.
Acquisition of easement or other property right by prescription, predicated upon acts amounting to a private nuisance, 152 A.L.R. 343.
Easement by prescription: presumption and burden of proof as to adverse character of use, 170 A.L.R. 776.
Extinguishment of easement by implication or prescription, by sale of servient estate to purchaser without notice, 174 A.L.R. 1241.
Rights derived from use by adjoining owners for driveway, or other common purpose, of strip of land lying over and along their boundary, 27 A.L.R.2d 332.
Necessary parties defendant to suit to prevent or remove obstruction or interference with easement of way, 28 A.L.R.2d 409.
Acquisition by user of prescription of right of way over unenclosed land, 46 A.L.R.2d 1140.
Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.
Tacking as applied to prescriptive easements, 72 A.L.R.3d 648.
Extinguishment by prescription of natural servitude for drainage of surface waters, 42 A.L.R.4th 462.
Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.
