2021 Georgia Code
Title 51 - Torts
Chapter 9 - Injuries to Real Estate
§ 51-9-1. Cause of Action for Interference With Enjoyment of Property

The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie.

(Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Civil Code 1895, § 3874; Civil Code 1910, § 4470; Code 1933, § 105-1401.)

- Justifiable use of force in defense of property, §§ 16-3-23,16-3-24.

Criminal trespass and damage to property, § 16-7-20 et seq.

Unauthorized entry onto property for purpose of buying junk, § 43-22-4.

Actions against joint wrongdoers, § 51-12-30.

- For article, "The Business Tort - Interference with Contractual Relationships or Business Expectations," see 19 Ga. St. B. J. 66 (1982). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For article, "Timber! - Falling Tree Liability in Georgia," see 10 Ga. St. B. J. 10 (No. 2, 2004). For article, "Keep Out! The Efficacy of Trespass, Nuisance and Privacy Torts as Applied to Drones," see 33 Georgia St. U.L. Rev. 359 (2017).

ANALYSIS

• General Consideration
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Torts, § 40. 75 Am. Jur. 2d, Trespass, §§ 4 et seq., 18 et seq., 24 et seq.

Tortious Interference with Contractual Relationship Involving Sale of Real Estate, 64 POF3d 273.

- 86 C.J.S., Torts, § 77. 87 C.J.S., Trespass, §§ 2, 8, 16 et seq.

- Authority from public official as affecting responsibility of public service corporation for infringing property rights, 1 A.L.R. 403.

Depreciation in market value of land as affecting the general rule that cause of action arises when injury is inflicted, and not when cause is created, 3 A.L.R. 682.

Rights and remedies of tenant who remains in possession of all or part of the premises against landlord for interfering with his possession or enjoyment, 20 A.L.R. 1369; 28 A.L.R. 1333; 64 A.L.R. 900.

Injunction against interference with property as conversion thereof, 34 A.L.R. 726.

Remedy of mortgagee or other holder of lien on real property against third person for damage to or trespass on property, 37 A.L.R. 1120.

Jurisdiction of action at law for damages for tort concerning real property in another state or country, 42 A.L.R. 196; 30 A.L.R.2d 1219.

Liability of one on whose property accidental fire originates for damages from spread thereof, 42 A.L.R. 783; 111 A.L.R. 1140; 17 A.L.R.5th 547.

Liability of landlord for interfering with tenants of lessee, 70 A.L.R. 1477.

Duty of federal courts to follow state court decisions as regards torts affecting real property, 71 A.L.R. 1102.

Measure of owner's damages for temporary appropriation of or injury to real property by municipality or other public authority, 87 A.L.R. 1384.

Liability of officer charged with duty of keeping record of instruments affecting title to or interest in property for mistakes or defects in respect to records, 94 A.L.R. 1303.

Dispossession without legal process by one entitled to possession of real property as ground of action, other than for recovery of possession or damage to his person, by person dispossessed, 101 A.L.R. 476.

Liability for punitive or exemplary damages or statutory penalty or one intentionally or negligently starting fire which caused an injury to person or property, 104 A.L.R. 412.

Applicability of statutes providing for multiple damages or penalty for wrongful trespass as affected by the defendant's purpose or intent, 111 A.L.R. 79.

Construction and application of statute providing for multiple damages for ejection from real estate, 126 A.L.R. 127.

Rights and remedies in case of encroachment of trees, shrubbery, or other vegetation across boundary line, 128 A.L.R. 1221.

Right of licensee of real property to injunction against, or damages for, trespass by third person, 139 A.L.R. 1204.

Liability of owner of standing timber or timber rights for damages to the owner of the land in connection with the cutting and removal of the timber by the former or his servant, or by an independent contractor, 151 A.L.R. 636.

Right of vendee under executory contract to bring action against third person for damage to land, 151 A.L.R. 938.

Liability of irrigation district for damages, 160 A.L.R. 1165.

Implied contract in case of trespass upon real property, 167 A.L.R. 796.

Jurisdiction of action at law for damages for tort concerning real property in another state or country, 30 A.L.R.2d 1219.

Casting of light on another's premises as constituting actionable wrong, 5 A.L.R.2d 705.

Tenant's or subtenant's right to damages for claimed constructive eviction or breach of covenant based upon notice to tenant to vacate or other termination notice, 14 A.L.R.2d 1450.

Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death, or property damage, 17 A.L.R.2d 888; 41 A.L.R.3d 782.

Liability for property damage by concussion from blasting, 20 A.L.R.2d 1372.

Judgment for insurer who paid property damage as bar to another action against same tort-feasor by owner or another subrogated insurer for additional property damage arising from same tort, and vice versa, 22 A.L.R.2d 1455.

Liability for overflow or escape of water from excavation made in course of construction, 23 A.L.R.2d 827.

Mandatory injunction to compel removal of encroachments by adjoining landowner, 28 A.L.R.2d 679.

Liability of landowner for damages caused by overflow, seepage, or the like resulting from defect in artificial underground drain, conduit or pipe, 44 A.L.R.2d 960.

Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.

Life tenant's right of action for injury or damage to property, 49 A.L.R.2d 1117.

Liability of public utility to abutting owner for destruction or injury of trees in or near highway or street, 64 A.L.R.2d 866.

Right to recover attorney's fees for wrongful attachment, 65 A.L.R.2d 1426.

Recovery for unauthorized geophysical or seismograph exploration or survey, 67 A.L.R.2d 444.

Liability for property damage caused by vibrations, or the like, without blasting or explosion, 79 A.L.R.2d 966.

Liability of excavators for damages to noncoterminous tract from removal of lateral support, 87 A.L.R.2d 710.

Municipal liability for property damage under mob violence statutes, 26 A.L.R.3d 1198.

Landowner's right to relief against pollution of his water supply by industrial or commercial waste, 39 A.L.R.3d 910.

Liability of governmental entity for issuance of permit for construction which caused or accelerated flooding, 62 A.L.R.3d 514.

Liability of one excavating in highway for injury to public utility cables, conduits, or the like, 73 A.L.R.3d 987.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.

Recovery in trespass for injury to land caused by airborne pollutants, 2 A.L.R.4th 1054.

Zoning regulations limiting use of property near airport as taking of property, 18 A.L.R.4th 542.

Airport operations or flight of aircraft as constituting taking or damaging of property, 22 A.L.R.4th 863.

Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603.

Tort liability for pollution from underground storage tank, 5 A.L.R.5th 1.

State and local government control of pollution from underground storage tanks, 11 A.L.R.5th 388.

Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.