2022 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-12. Removal of Trade Fixtures During Term; When Abandoned
During the term of his tenancy or any continuation thereof or while he is in possession under the landlord, a tenant may remove trade fixtures erected by him. After the term and his possession are ended, any trade fixtures remaining will be regarded as abandoned for the use of the landlord and will become the landlord’s property.
History. Civil Code 1895, § 3120; Civil Code 1910, § 3696; Code 1933, § 61-110.
History of Code section.
This Code section is derived from the decisions in Youngblood & Harris v. Eubank, 68 Ga. 630 (1881), and Wright v. DuBignon, 114 Ga. 765 , 40 S.E. 747 , 57 L.R.A. 669 (1902).
Law reviews.
For article discussing lawful removal of fixtures by tenant, see 4 Ga. B.J. 16 (1942).
For article on the law governing the removal of trade fixtures from property in Georgia, see 19 Ga. B.J. 35 (1956).
For article discussing U.C.C. provisions establishing a security interest in fixtures as a means of protecting sellers, see 16 Mercer L. Rev. 404 (1965).
For article discussing origin and construction of Georgia provision concerning tenant’s rights to fixtures constructed by him, see 14 Ga. L. Rev. 239 (1980).
For article, “Usufructs and Estates for Years Distinguished,” see 18 Ga. St. B.J. 116 (1982).
