An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment.
History. Civil Code 1895, § 3068; Civil Code 1910, § 3644; Code 1933, § 85-1403.
History of Section.
This Code section is derived from the decision in Winham, King & Aldridge v. McGuire, 51 Ga. 578 (1874).
Law reviews.
For comment on Aggregate Supply Co. v. Sewell, 217 Ga. 407 , 122 S.E.2d 580 (1961), as to nonabandonability of a profit a’prendre, see 14 Mercer L. Rev. 473 (1963).
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