As applied to personalty, an estate for years differs from a contract of hiring, which is a bailment conveying no interest in the property to the bailee but merely the right of use. As applied to realty, an estate for years does not involve the relationship of landlord and tenant, in which relationship the tenant has no estate but merely has a right of use which is very similar to the right of a hirer of personalty.
History. Orig. Code 1863, § 2256; Code 1868, § 2248; Code 1873, § 2274; Code 1882, § 2274; Civil Code 1895, § 3110; Civil Code 1910, § 3686; Code 1933, § 85-802.
Cross references.
Creation of landlord and tenant relationship generally, § 44-7-1 .
Law reviews.
For comment regarding distinction between estate for years and landlord-tenant relationship, in light of State v. Davison, 198 Ga. 27 , 31 S.E.2d 225 (1944), see 7 Ga. B.J. 233 (1944).
For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).
For article analyzing legal aspects of time shared (multiple, revolving) ownership of property, see 12 Ga. St. B.J. 75 (1975).
Structure Georgia Code
§ 44-6-100. “Estate for Years” Defined; Estate for Years in Lands Passes as Realty
§ 44-6-102. “Lease” Defined; Extent of Interest; When Mining Interest Passes
§ 44-6-103. Tenant’s Rights and Duties; Grounds of Forfeiture
§ 44-6-104. Right of Tenant for Years to Emblements
§ 44-6-105. Liability of Tenant for Years for Repairs and Expenses
§ 44-6-106. Dependent and Independent Covenants or Conditions