An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription.
History. Civil Code 1895, § 3590; Civil Code 1910, § 4170; Code 1933, § 85-409.
History of Code section.
This Code section is derived from the decisions in Phinizy v. City Council, 47 Ga. 260 (1872), and Mitchell v. Mayor of Rome, 49 Ga. 260 (1872).
Law reviews.
For article, “Some Aspects of the Law of Easements,” see 9 Ga. St. B.J. 287 (1973).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-160. Nature of Title by Prescription
§ 44-5-161. Adverse Possession; Effect of Permissive Possession
§ 44-5-162. Effect of Fraud on Prescription
§ 44-5-163. When Adverse Possession for 20 Years Confers Title
§ 44-5-164. When Adverse Possession for Seven Years Confers Title
§ 44-5-165. How Actual Possession of Lands Evidenced
§ 44-5-167. Extent of Constructive Possession Under Deed; Judicial Notice
§ 44-5-168. Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title
§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife
§ 44-5-170. Effect of Disabilities on Commencement of Prescription
§ 44-5-171. Effect of Intervening Disabilities; Tacking
§ 44-5-172. Tacking of Successive Possessions
§ 44-5-173. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions
§ 44-5-174. Tacking of Prior Possession Originating in Fraud
§ 44-5-175. Prescription Involving Incorporeal Rights
§ 44-5-176. Effect on Prescription of Notice of Instrument Creating a Lien