2021 Georgia Code
Title 44 - Property
Chapter 9 - Easements
Article 3 - Private Ways
§ 44-9-54. Establishment of Private Way by Prescription - Generally
Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way.
(Ga. L. 1872, p. 60, § 1; Code 1873, § 737; Code 1882, § 737; Civil Code 1895, § 678; Civil Code 1910, § 824; Code 1933, § 83-112.)
Cross references.- Obtaining title to land through adverse possession generally, § 44-5-160 et seq.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Applicability
- Requirements
- Results
- Interference and Obstructions
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Easements and Licenses, § 45 et seq.
C.J.S.- 28A C.J.S., Easements, §§ 14 et seq., 129, 145, 163.
ALR.- Necessary parties defendant to suit to prevent or remove obstruction or interference with easement of way, 28 A.L.R.2d 409.
Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.
Right of owners of parcels into which dominant tenement is or will be divided to use right of way, 10 A.L.R.3d 960.
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.
Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.
