Home/Georgia/Statutes/Title: 44/§ 44-9-2
Georgia Statutes

§ 44-9-2 — Acquisition of easement of light and air

Georgia § 44-9-2
JurisdictionGeorgia
Title44

This text of Georgia § 44-9-2 (Acquisition of easement of light and air) 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. § 44-9-2 (2026).

Text

A right to an easement of light and air passing over another's land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light and air over such vacant lot shall pass as an incident to the house sold as being necessary to the enjoyment thereof.

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Related

Weinstock v. Novare Group, Inc.
710 S.E.2d 150 (Court of Appeals of Georgia, 2011)
18 case citations
Savannah Jaycees Foundation, Inc. v. Gottlieb
615 S.E.2d 226 (Court of Appeals of Georgia, 2005)
7 case citations
Goddard v. Irby
335 S.E.2d 286 (Supreme Court of Georgia, 1985)
4 case citations

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[Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release;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 § 44-9-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-9-2.