The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a tort for which an action shall lie.
History. Orig. Code 1863, § 2955; Code 1868, § 2962; Code 1873, § 3013; Code 1882, § 3013; Civil Code 1895, § 3874; Civil Code 1910, § 4470; Code 1933, § 105-1401.
Cross references.
Justifiable use of force in defense of property, §§ 16-3-23 , 16-3-24 .
Criminal trespass and damage to property, § 16-7-20 et seq.
Unauthorized entry onto property for purpose of buying junk, § 43-22-4 .
Actions against joint wrongdoers, § 51-12-30 .
Law reviews.
For article, “The Business Tort — Interference with Contractual Relationships or Business Expectations,” see 19 Ga. St. B. J. 66 (1982).
For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).
For article, “Timber! - Falling Tree Liability in Georgia,” see 10 Ga. St. B. J. 10 (No. 2, 2004).
For article, “Keep Out! The Efficacy of Trespass, Nuisance and Privacy Torts as Applied to Drones,” see 33 Georgia St. U.L. Rev. 359 (2017).
Structure Georgia Code
Chapter 9 - Injuries to Real Estate
§ 51-9-1. Cause of Action for Interference With Enjoyment of Property
§ 51-9-2. Recovery of Possession of Lands; Damages
§ 51-9-3. Recovery for Wrongful Interference With Possession of Land
§ 51-9-4. Action for Trespass by Person Having Title
§ 51-9-5. Effect of Holding Title When Possession Claimed by Two Persons
§ 51-9-6. Damages for Continuing Trespass
§ 51-9-7. Diversion, Obstruction, or Pollution of Stream as Trespass
§ 51-9-8. Interference With Underground Streams
§ 51-9-9. Interference With Rights of Owner Above and Below Surface of Property
§ 51-9-10. Interference With Right of Way or Right of Common