2021 Georgia Code
Title 44 - Property
Chapter 9 - Easements
Article 1 - In General
§ 44-9-1. Methods of Acquiring Private Ways

The right of private way over another's land may arise from an express grant, from prescription by seven years' uninterrupted use through improved lands or by 20 years' use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter.

(Orig. Code 1863, § 2214; Code 1868, § 2209; Code 1873, § 2235; Code 1882, § 2235; Civil Code 1895, § 3065; Civil Code 1910, § 3641; Code 1933, § 85-1401; Ga. L. 1982, p. 3, § 44.)

- Acquisition of title to land through adverse possession generally, § 44-5-160 et seq.

- For article, "Some Aspects of the Law of Easements," see 9 Ga. St. B.J. 287 (1973). For annual survey of real property law, see 56 Mercer L. Rev. 395 (2004). For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006). For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018). For note distinguishing easement from conditional limitation, see 10 Ga. B.J. 335 (1948).

ANALYSIS

• General Consideration
• Grant
• Prescription
• Implication

Easement over state property may be granted only by the General Assembly. 1957 Op. Att'y Gen. p. 252; 1958-59 Op. Att'y Gen. p. 285.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Easements and Licenses, § 13 et seq.

- 28A C.J.S., Easements, §§ 1, 21, 15, 39 et seq., 52 et seq., 145 et seq., 160 et seq. 37 C.J.S., Frauds, Statute of, § 63.

- Implied easement upon severance of tract where building is near or encroaches upon the dividing line, 9 A.L.R. 488; 41 A.L.R. 1210; 53 A.L.R. 910.

Nature and extent of right granted by contract for use of wall or roof for advertising purposes, 10 A.L.R. 1108; 119 A.L.R. 1523.

Permission or license from owner of servient estate as extinguishing an existing easement, 50 A.L.R. 1295.

Rule of visible easements as applied to easement of light or air, 56 A.L.R. 1138.

Implied easement in respect of drains, pipes, or sewers upon severance of tract, 58 A.L.R. 824.

Easement by prescription for use of land near boundary line, 58 A.L.R. 1037.

May right of way be appurtenant where the servient tenement is not adjacent to the dominant, 76 A.L.R. 597.

Change from street cars to motorbuses as affecting rights as between street railway companies and abutting owners or owners across whose property the company has a right of way, 102 A.L.R. 391.

Locating easement of way created by a grant which does not definitely describe its location, 110 A.L.R. 174.

Enlargement of easement by use for purpose or in a manner other than that specified in the grant, 110 A.L.R. 915.

Adoption as period of prescription for easement the period prescribed by statute of limitations with reference to adverse possession as including condition of color of title or right or other conditions imposed by that statute, 112 A.L.R. 545.

Right of owner of easement of way to make improvements or repairs thereon, 112 A.L.R. 1303.

Agreement in respect of water rights in stream as creating a mere personal obligation, covenant running with the land, or an easement, 127 A.L.R. 835.

Implied easement, upon division of tract, in respect of railroad spur or branch or siding, 138 A.L.R. 779.

Private easement in way vacated, abandoned, or closed by public, 150 A.L.R. 644.

Acquisition of easement or other property right by prescription, predicated upon acts amounting to a private nuisance, 152 A.L.R. 343.

Type of vehicle or mode of travel permissible on express easement of way created in limited terms, 156 A.L.R. 1050.

Roadway or pathway used at time of severance of tract as visible or apparent easement, 164 A.L.R. 1001.

Easement by prescription: presumption and burden of proof as to adverse character of use, 170 A.L.R. 776.

Right of owner of easement to alter its use in such a way as to deprive servient estate of an incidental benefit, 172 A.L.R. 193.

Easements or privileges of tenant of part of building as to other parts not included in lease, 24 A.L.R.2d 123.

Maintenance, use, or grant of right of way over restricted property as violation or restrictive covenant, 25 A.L.R.2d 904.

Necessary parties defendant to suit to prevent or remove obstruction or interference with easement of way, 28 A.L.R.2d 409.

Power of executor to create easements, 44 A.L.R.2d 573.

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.

Foreclosure of mortgage or trust deed as affecting easement claimed in, over, or under property, 46 A.L.R.2d 1197.

Easement by prescription in artificial drains, pipes, or sewers, 55 A.L.R.2d 1146.

Extent and reasonableness of use of private way in exercise of easement granted in general terms, 3 A.L.R.3d 1256.

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.

Tacking as applied to prescriptive easements, 72 A.L.R.3d 648.

What constitutes unity of title or ownership sufficient for creation of an easement by implication or way of necessity, 94 A.L.R.3d 502.

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.

Location of easement of way created by grant which does not specify location, 24 A.L.R.4th 1053.

Locating easement of way created by necessity, 36 A.L.R.4th 769.

Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.

What constitutes, and remedies for, misuse of easement, 111 A.L.R.5th 313.