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Georgia Statutes

§ 44-1-6 — What things considered fixtures; movable machinery as personalty; effect of detachment from realty

Georgia § 44-1-6
JurisdictionGeorgia
Title44

This text of Georgia § 44-1-6 (What things considered fixtures; movable machinery as personalty; effect of detachment from realty) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 44-1-6 (2026).

Text

(a)Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture which constitutes a part of the realty and passes with it.
(b)Machinery which is not actually attached to the realty but is movable at pleasure is not a part of the realty.
(c)Anything detached from the realty becomes personalty instantly upon being detached.

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Related

S-D Rira, LLC v. Outback Property Owners' Ass'n
765 S.E.2d 498 (Court of Appeals of Georgia, 2014)
14 case citations
Hargrove v. Jenkins
383 S.E.2d 636 (Court of Appeals of Georgia, 1989)
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58 B.R. 826 (M.D. Georgia, 1986)
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15 F. Supp. 3d 1295 (N.D. Georgia, 2013)
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Arcturus International LLC v. Geller-Stoff
(N.D. Georgia, 2024)
Evans Plaza Partners, LLC v. Webster (In re Sci. Fitness, LLC)
598 B.R. 51 (S.D. Georgia, 2019)
smith/burns LLC v. 905 Bernina Avenue Cooperative, Inc.
(Court of Appeals of Georgia, 2017)
S-D Rira, Inc. v. the Outback Property Owners' Association, Inc.
(Court of Appeals of Georgia, 2014)

Nearby Sections

15
§ 44-1-1
"Property" defined
§ 44-1-10
Ownership of offspring of domestic or owned animals
§ 44-1-11
Application and construction of provisions relating to estates
§ 44-1-12
What constitutes perfect title
§ 44-1-13
Removal of improperly parked cars or trespassing personal property; concurrent jurisdiction; procedure; automatic surveillance prohibited; penalty
§ 44-1-14
Abatement of hazard from abandoned well or hole; recovery costs; use of county funds
§ 44-1-15
Removal or destruction of survey monuments prohibited; exceptions; penalties
§ 44-1-16
Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
§ 44-1-17
Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance
§ 44-1-18
[Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority
§ 44-1-2
"Realty" or "real estate" defined; extent of owner's interest in airspace
§ 44-1-3
"Personalty" defined; status of certain stocks
§ 44-1-4
"Estate" defined
§ 44-1-5
"Title" defined
§ 44-1-6
What things considered fixtures; movable machinery as personalty; effect of detachment from realty
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Bluebook (online)
Georgia § 44-1-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-1-6.