2021 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 6 - Estates for Years
§ 44-6-103. Tenant's Rights and Duties; Grounds of Forfeiture

An estate for years carries with it the right to use the property in as absolute a manner as may be done with a greater estate, provided that the property or the person who is entitled to the remainder or reversion interest is not injured by such use. The acts of omission and commission prescribed as grounds of forfeiture of an estate for life shall operate to the same effect as against a tenant for years.

(Orig. Code 1863, § 2257; Code 1868, § 2249; Code 1873, § 2275; Code 1882, § 2275; Civil Code 1895, § 3111; Civil Code 1910, § 3687; Code 1933, § 85-803.)

- Landlord and tenant relationship generally, Ch. 7 of this title.

- For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982). For article, "The Rule Against Perpetuities as Applied to Georgia Wills and Trusts," see 16 Ga. L. Rev. 235 (1982). For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).

Owner has as absolute a right to use property as if owner had greater estate, not injuring the revenue. Clark v. Herring & Mock, 43 Ga. 226 (1871).

- Restriction on the right to the possession of a site solely for the purpose of performing one's obligations under a contract, i.e., to finance improvements to be constructed thereon, is antithetical to the nature of an estate for years. United States v. DeKalb County, 729 F.2d 738 (11th Cir. 1984).

- Certain restrictions imposed upon the use of the premises under a lease can be so pervasive as to be fundamentally inconsistent with the concept of an estate for years. Allright Parking of Ga., Inc. v. Joint City-County Bd. of Tax Assessors, 244 Ga. 378, 260 S.E.2d 315 (1979).

Estate for years is subject to levy and sale as any other estate. Harms v. Entelman, 21 Ga. App. 295, 94 S.E. 276 (1917).

Estate for years is subject to ad valorem taxation. Richmond County Bd. of Tax Assessors v. Richmond Bonded Whse. Corp., 173 Ga. App. 278, 325 S.E.2d 891 (1985).

- Although this statute grants the holder of an estate for years the right to use in an absolute a manner as a greater estate, placing certain limitations on the use of the estate does not reduce it to a mere usufruct, since the interest may be encumbered or somewhat limited without necessarily changing the character of the estate. State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944) (see O.C.G.A. § 44-6-103).

Valid lease, the term of which is to begin in the future, may be made. Southern Airways Co. v. De Kalb County, 216 Ga. 358, 116 S.E.2d 602 (1960).

Code only provides for forfeiture for waste in two instances: in life estate and an estate for years. Treisch v. Doster, 171 Ga. 525, 156 S.E. 231 (1930).

- Common-law action of waste for forfeiture and damages, when there is no estate for life nor for years, but merely the relation of landlord and tenant, cannot be maintained. Warlick v. Great Atl. & Pac. Tea Co., 170 Ga. 538, 153 S.E. 420 (1930).

Only remedy of seller of estate for years for unpaid purchase money is common-law action, and not distress and, in that event, the relation of landlord and tenant could not exist. In re O'Dowd, 18 F. Cas. 593 (S.D. Ga. 1873) (No. 10,439).

- If the city, a public entity, was the holder of a present estate under the lease, the leased premises were not private property within the meaning of O.C.G.A. § 16-11-127(c), thus, the garden would have no right to exclude the carrying of firearms on the leased premises because the garden was not in legal control of private property through a lease; however, since the lease was not in the record on appeal the garden was not entitled to summary judgment. GeorgiaCarry.Org, Inc. v. Atlanta Botanical Garden, Inc., 306 Ga. 829, 834 S.E.2d 27 (2019).

- Contract in which the Board of Regents of the University System of Georgia leased a tract of land to a fraternity for a term of 99 years, for a rent of $1.00 per year, and which allowed the fraternity to erect a building on the premises, transfer, sell, or convey the property to another fraternity, and following which the fraternity executed a mortgage to secure a loan made by the mortgagee-regents, which was recorded, despite certain restrictions and covenants preventing the lessee from exercising absolute control over the property, granted the fraternity an estate for years, and not a mere leasehold; such an interest could be levied upon for failure to pay taxes. State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944).

When most sections of a lease either granted rights to or imposed obligations upon the lessee consistent with the conveyance of an estate for years, or set forth restrictions designed to preserve a hotel on the property as a historic structure and protect the lessor's reversionary interest, and the remaining restrictions did not quantitatively or qualitatively outweigh the incidents of ownership vested in the lessee to convert the interest conveyed from the intended leasehold estate to a usufruct, it was proper to require the lessee to pay ad valorem taxes on its interest in the hotel. Jekyll Dev. Assocs., L.P. v. Glynn County Bd. of Tax Assessors, 240 Ga. App. 273, 523 S.E.2d 370 (1999).

- When trees are conveyed for a period of four years, "for using said timber for turpentine purposes," the contract is a mere license and does not convey an estate for years. A breach of the contract will not authorize the forfeiture of the lease contract; however, further breach of contract may be enjoined by a court. Treisch v. Doster, 171 Ga. 525, 156 S.E. 231 (1930).

Intent of the parties was that the airline simply contracted with the county to manage and operate the county's airport, as its agent, for public and governmental purposes, and whether the contract between the parties be called a lease, a license, a franchise, or a contract of agency or management, it was the intention of the parties that the airline would not obtain any interest in the real estate described in the contract, but only a circumscribed and limited use of the airport facilities. The reserved rights of the lessor as to the control, improvement, inspection, and supervision of the premises, with the right of others to use the facilities, negate any contention that the lessee would have the exclusive possession and control of the premises. Southern Airways Co. v. De Kalb County, 216 Ga. 358, 116 S.E.2d 602 (1960).

No estate for years and no interest in land were created by agreement between property owner and oil company since the latter had no right to use the land, and no interest was conveyed by simply promising to sell the oil company's products and by allowing the company to make improvements on the land. Copelan v. Acree Oil Co., 249 Ga. 276, 290 S.E.2d 94 (1982).

Agreement created a usufruct, rather than an estate for years, despite provision that "it is the intent of the parties to create a leasehold estate ... and not a mere usufruct" when the initial term was for seven months, but provided for automatic renewals for ten consecutive one-year periods, provided the program was funded by the General Assembly, and the lessor was responsible for all insurance, taxes, and upkeep of the premises, including maintenance and repairs. Huntingdon II, Ltd. v. Chatham County Bd. of Tax Assessors, 207 Ga. App. 466, 428 S.E.2d 605 (1993).

Cited in Dorsey v. Clements, 202 Ga. 820, 44 S.E.2d 783 (1947); Camp v. Delta Air Lines, 232 Ga. 37, 205 S.E.2d 194 (1974); Eastern Air Lines v. Joint City-County Bd. of Tax Assessors, 253 Ga. 18, 315 S.E.2d 890 (1984); Macon-Bibb County Bd. of Tax Assessors v. Atlantic S.E. Airlines, 262 Ga. 119, 414 S.E.2d 635 (1992); Diversified Golf, LLC v. Hart County Bd. of Tax Assessors, 267 Ga. App. 8, 598 S.E.2d 791 (2004).

Tenant, as incident to clearing land for cultivation, can sell timber derived from the clearing, although a tenant cannot cut timber merely to sell or dispose of the timber for profit. 1958-59 Op. Att'y Gen. p. 279.

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, §§ 60 et seq., 202, 214 et seq., 773, 776 et seq., 862 et seq.

24B Am. Jur. Pleading and Practice Forms, Waste, § 16.

- 31 C.J.S., Estates, § 67. 51C C.J.S., Landlord and Tenant, §§ 26, 31, 342, 345. 96 C.J.S., Wills, §§ 1298, 1299.

- Commission of waste as ground for forfeiture of lease, 3 A.L.R. 672.

Construction and effect of statutory provision for double or treble damages against tenant committing waste, 45 A.L.R. 771.

Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.

Provision in oil, gas, or mining lease fixing a minimum obligation on lessee as the maximum measure of his right, 76 A.L.R. 836.

Relative rights of tenant for years or life and remainderman as to return on bonds or other obligations for the payment of money brought at a premium or discount, 131 A.L.R. 1426.

Right of lessee to equitable relief against forfeiture for breach of conditions as affected by lessor's giving a lease to entering into other contractual obligations with a third person, 166 A.L.R. 807.

Rights of tenant for life or for years and remaindermen inter se in royalties or rents under oil, gas, coal, or other mineral lease, 18 A.L.R.2d 98.

Right of lessor arbitrarily to refuse or withhold consent to subletting or assignment which is barred without such consent, 31 A.L.R.2d 831; 54 A.L.R.3d 679; 21 A.L.R.4th 188.

Rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 A.L.R.2d 1121.

Maintainability, by lessee, of action to quiet title to leasehold, 51 A.L.R.2d 1227.

Subletting or renting part of premises as violation of lease provision as to subletting, 56 A.L.R.2d 1002.

What constitutes reasonably necessary use of the surface of the leasehold by a mineral owner, lessee, or driller under an oil and gas lease or drilling contract, 53 A.L.R.3d 16.

Right of contingent remainderman to maintain action for damages for waste, 56 A.L.R.3d 677.

Union security arrangements in state public employment, 95 A.L.R.3d 1102.