2022 Georgia Code
Title 44 - Property
Chapter 9 - Easements
Article 1 - In General
§ 44-9-2. Acquisition of Easement of Light and Air
A right to an easement of light and air passing over another’s land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light and air over such vacant lot shall pass as an incident to the house sold as being necessary to the enjoyment thereof.
History. Civil Code 1895, § 3046; Civil Code 1910, § 3618; Code 1933, § 85-1201.
History of Section.
This Code section is derived from the decisions in Turner v. Thompson, 58 Ga. 268 (1876) and Thompson v. Turner, 69 Ga. 219 (1881).
Law reviews.
For comment on Hornsby v. Smith, 191 Ga. 491 , 13 S.E.2d 20 (1941), see 3 Ga. B.J. 61 (1941).
