2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 2 - Specific Periods of Limitation
§ 9-3-30. Trespass or Damage to Realty

Universal Citation: GA Code § 9-3-30 (2021)
  1. All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.
    1. The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51, respectively.
    2. This subsection shall apply to causes of action which had not expired under the former law before March 28, 2000. This subsection shall not revive any cause of action which was barred by former law before March 28, 2000.

(Laws 1767, Cobb's 1851 Digest, p. 562; Laws 1805, Cobb's 1851 Digest, p. 564; Ga. L. 1855-56, p. 233, § 3; Code 1863, § 2990; Code 1868, § 3003; Code 1873, § 3058; Code 1882, § 3058; Civil Code 1895, § 3898; Civil Code 1910, § 4495; Code 1933, § 3-1001; Ga. L. 2000, p. 212, § 1.)

Cross references.

- Injuries to real estate generally, T. 51, C. 9.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "March 28, 2000" was substituted for "the effective date of this subsection" in two places in paragraph (b)(2).

Law reviews.

- For article surveying Georgia cases dealing with the environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For article, "Commercial Law," see 53 Mercer L. Rev. 153 (2001). For article, "Construction Law," see 53 Mercer L. Rev. 173 (2001). For article, "Torts," see 53 Mercer L. Rev. 441 (2001). For survey article on tort law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 425 (2003). For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003). For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010). For annual survey on real property, see 69 Mercer L. Rev. 251 (2017). For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018). For note, "The Effect of Georgia's Architectural Statutes of Limitations on Real and Personal Property Claims for Negligent Construction," see 7 Ga. St. U.L. Rev. 137 (1990). For comment on Wellerton Co. v. Sam N. Hodges, Jr. & Co., 114 Ga. App. 429, 151 S.E.2d 481 (1966), see 5 Ga. St. B.J. 169 (1968).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Transfer of Property
  • Construction
  • Other Examples

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, §§ 131 et seq., 157 et seq., 167.

C.J.S.

- 54 C.J.S., Limitations of Actions, §§ 98, 202 et seq.

ALR.

- Limitation of actions: when does statute begin to run against action based on removal of lateral or subjacent support, 26 A.L.R. 1235.

When limitation begins to run against an action to recover on account of removal of mineral from land, 37 A.L.R. 1182.

Limitation of action against tenant for years or for life for waste or breach of obligation as to use and care of property, 53 A.L.R. 46.

Wrongful pollution of stream by municipality as creating single cause of action or successive causes of action, 75 A.L.R. 529.

Rights and remedies in respect of legacy charged upon land devised, 116 A.L.R. 7; 134 A.L.R. 361.

Rule that limitation begins to run when conditions causing a permanent injury to real property are created or when the permanent character of the injury becomes obvious, as affecting later increase or change in the nature of the damages, 126 A.L.R. 1284.

When statute of limitations commences to run on action for wrongful seizure of property of third person under process or court order, 156 A.L.R. 253.

When statute of limitation commences to run against damage from overflow of land caused by artificial construction or obstruction, 5 A.L.R.2d 302.

Commencement of running of statute of limitations respecting actions by owners of right of re-entry, or actions against third persons by reversioners, 19 A.L.R.2d 729.

Statute of limitations applicable to action for encroachment, 24 A.L.R.2d 903.

Statutes of limitation concerning actions of trespass as applicable to actions for injury to property not constituting a common-law trespass, 15 A.L.R.3d 1228.

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

When statute of limitations commences to run against claim for contribution or indemnity based on tort, 57 A.L.R.3d 867.

What statute of limitations applies to action for contribution against joint tort-feasor, 57 A.L.R.3d 927.

Promises or attempts by seller to repair goods as tolling statute of limitations for breach of warranty, 68 A.L.R.3d 1277.

When statute of limitations begins to run on negligent design claim against architect, 90 A.L.R.3d 507.

Statutes of limitation: actions by purchasers or contractees against vendors or contractors involving defects in houses or other buildings caused by soil instability, 12 A.L.R.4th 866.

Right to compensation for real property damaged by law enforcement personnel in course of apprehending suspect, 23 A.L.R.5th 834.

Modern status of the application of "discovery rule" to postpone running of limitations against actions relating to breach of building and construction contracts, 33 A.L.R.5th 1.

Accrual of claims for continuing trespass or continuing nuisance for purposes of statutory limitations, 14 A.L.R.7th 8.

Accrual of Inverse Condemnation Claim Against Federal Government Based on Contamination, Dumping, or Cleanup, 50 A.L.R. Fed. 3d 1.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.