2022 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 (2022)
  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.

History. 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 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).

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 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 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).

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