The owner of realty has title downwards and upwards indefinitely; and an unlawful interference with his rights, either below or above the surface, gives him a right of action.
History. Orig. Code 1863, § 2962; Code 1868, § 2969; Code 1873, § 3020; Code 1882, § 3020; Civil Code 1895, § 3881; Civil Code 1910, § 4477; Code 1933, § 105-1409.
Cross references.
Extent of title downward and upward indefinitely, § 44-1-2 .
Leasing of mining interests in land, § 44-6-102 .
Determination of ownership of gas injected into underground storage reservoir, § 46-4-58 .
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