The person having title to lands, if no one is in actual possession under the same title with him, may bring an action for a trespass thereon. If a tenant is in possession and the trespass is one which injures the freehold, the owner or a remainderman or reversioner may still bring the action.
History. Orig. Code 1863, § 2958; Code 1868, § 2965; Code 1873, § 3016; Code 1882, § 3016; Civil Code 1895, § 3877; Civil Code 1910, § 4473; Code 1933, § 105-1404.
Cross references.
Criminal trespass, § 16-7-21 .
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