Damages for a continuing trespass are limited to those which have occurred before an action is commenced. Subsequent damages flowing from a continuation of the trespass give a new cause of action.
History. Civil Code 1895, § 3884; Civil Code 1910, § 4480; Code 1933, § 105-1406.
History of Code section.
The language of this Code section is derived in part from the decision in Savannah & Ogeechee Canal Co. v. Bourguin, 51 Ga. 378 (1874).
Law reviews.
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