2021 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 6 - Estates for Years
- § 44-6-100. "Estate for Years" Defined; Estate for Years in Lands Passes as Realty
- § 44-6-101. Estate for Years Distinguished From Contract of Hiring and From Landlord and Tenant Relationship
- § 44-6-102. "Lease" Defined; Extent of Interest; When Mining Interest Passes
- § 44-6-103. Tenant's Rights and Duties; Grounds of Forfeiture
- § 44-6-104. Right of Tenant for Years to Emblements
- § 44-6-105. Liability of Tenant for Years for Repairs and Expenses
- § 44-6-106. Dependent and Independent Covenants or Conditions
- For article surveying Georgia cases in the area of real property from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).
JUDICIAL DECISIONS
Cited in City of Jefferson v. Trustees of Martin Inst., 199 Ga. 71, 33 S.E.2d 354 (1945); Warehouses, Inc. v. Wetherbee, 203 Ga. 483, 46 S.E.2d 894 (1948); Southland Inv. Corp. v. McIntosh, 137 Ga. App. 216, 223 S.E.2d 257 (1976).
OPINIONS OF THE ATTORNEY GENERAL
Department of Human Resources may not lease state property to private citizen.
- Department of Human Resources has, at present, no general authority or power to lease (grant an estate for years) to a private citizen for one's private purposes real property owned by the state and within the custody and management of the department. 1974 Op. Att'y Gen. No. 74-40.
RESEARCH REFERENCES
ALR.
- Validity of oil or gas lease as affected by surrender clause, 3 A.L.R. 378.
Commission of waste as ground for forfeiture of lease, 3 A.L.R. 672.
Lease of property as ademption or revocation of devise, 8 A.L.R. 1638.
Construction of provision for free gas in oil and gas lease, 9 A.L.R. 89.
Time for drilling additional wells in productive territory under oil and gas lease, 14 A.L.R. 967.
What amounts to an option to renew or extend a lease, 26 A.L.R. 1413.
Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.
Rights in respect of rents or royalties earned under an oil and gas lease or other grant of mineral rights in which owners of different tracts join as lessors, 116 A.L.R. 1267.
Easements or privileges of tenant of part of building as to other parts not included in lease, 24 A.L.R.2d 123.
Sublessee's obligation to sublessor to perform latter's covenants in original lease, 24 A.L.R.2d 707.
Lease of realty for term of years as subject of chattel mortgage, 33 A.L.R.2d 1277.
Duty of lessee or assignee of oil or gas lease as regards marketing or delivery for marketing of oil and gas discovered, 71 A.L.R.2d 1219.
Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 A.L.R.3d 818.
Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 21 A.L.R.3d 534.
Implied covenant or obligation to provide lessees with actual possession, 96 A.L.R.3d 1155.
Implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 14.
Remedy for breach of implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 147.
