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).
Structure Georgia Code
§ 44-9-1. Methods of Acquiring Private Ways
§ 44-9-2. Acquisition of Easement of Light and Air
§ 44-9-4. Parol License; When Revocable; When Easement Running With Land
§ 44-9-5. Cessation of Easement of Necessity Upon Purchase of Land Providing Access to Highway
§ 44-9-6. Loss of Easement by Abandonment or Nonuse
§ 44-9-7. Effect of Sale of Property for Taxes or Assessments on Easements or Rights of Way