Georgia Code
Article 3 - Private Ways
§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages

When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months’ knowledge of such facts without moving for damages.
History. Orig. Code 1863, § 703; Code 1868, § 765; Code 1873, § 731; Code 1882, § 731; Civil Code 1895, § 672; Civil Code 1910, § 818; Code 1933, § 83-113; Ga. L. 1982, p. 3, § 44.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 9 - Easements

Article 3 - Private Ways

§ 44-9-40. Authority of Superior Court to Grant Private Ways; Filing of Petition as Declaration of Necessity; When Proceeding Enjoined

§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees

§ 44-9-42. Selection of Assessors

§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors

§ 44-9-44. Appeals From Award of Assessors; Jury Trial

§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment

§ 44-9-46. Determination of Amount of Compensation and Other Issues by Jury; Payment and Disposition of Damages

§ 44-9-47. Motions and Proceedings Subsequent to Judgment; Payment of Compensation; Nonpayment as Abandonment; Effect of Abandonment on Subsequent Application

§ 44-9-48. Agreements Between Parties as to Payment of Compensation

§ 44-9-49. Establishment of Private Way by Agreement Between Parties

§ 44-9-50. Recording of Private Way; Protection of Owner’s Use

§ 44-9-51. Establishment of Private Way by Several Landowners; Duties and Privileges of Subsequent Vendees

§ 44-9-52. Establishment and Apportionment of Private Way by Several Landowners

§ 44-9-53. Establishment of Private Way Over Wild Lands Without Notice to Landowner; Assessment of Damages After Notice

§ 44-9-54. Establishment of Private Way by Prescription

§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages

§ 44-9-56. Notice of Closing of Private Way After One Year’s Use

§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes

§ 44-9-58. Petition to Use Another’s Landing

§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees

§ 44-9-60. Conditions for Converting Private Ways Into Public Roads