2022 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 2 - Conveyances
§ 44-5-40. Conveyance of Future Interests or Estates

Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession.

History. Orig. Code 1863, § 2650; Code 1868, § 2649; Code 1873, § 2691; Code 1882, § 2691; Civil Code 1895, § 3601; Civil Code 1910, § 4181; Code 1933, § 29-103; Ga. L. 1994, p. 364, § 1; Ga. L. 2008, p. 210, § 3/HB 1283; Ga. L. 2009, p. 8, § 44/SB 46.

The 2008 amendment, effective July 1, 2008, added the last sentence.

The 2009 amendment, effective April 14, 2009, part of an Act to revise, modernize, and correct the Code, revised punctuation in the last sentence of this Code section.

Editor’s notes.

Ga. L. 1994, p. 364, § 3, not codified by the General Assembly, provides: “This Act is intended to clarify and codify the law regarding the alienability of future interests.”

Ga. L. 2008, p. 210, § 1, not codified by the General Assembly, provides: “(a) The General Assembly finds that the railroads and their rights of way in Georgia:

“(1) Are essential to the continued viability of this state;

“(2) Are valuable resources which must be preserved and protected;

“(3) Are essential for the economic growth and development of this state;

“(4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials;

“(5) Relieve congestion on the highways and keep dangerous products and materials off our highways;

“(6) Are vital for national defense and national security; and

“(7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption.

“(b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago.”

Law reviews.

For comment criticizing Franks v. Sparks, 217 Ga. 117 , 121 S.E.2d 27 (1961), holding right of entry not alignable or assignable, see 24 Ga. B.J. 363 (1962).

For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969).

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 243 (1994).

For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008).