The tenant may not dispute his landlord's title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive act or taking any position whereby he expressly or impliedly recognizes his landlord's title, or while he is taking any position that is inconsistent with the position that the landlord's title is defective.
(Orig. Code 1863, § 2265; Code 1868, § 2257; Code 1873, § 2283; Code 1882, § 2283; Civil Code 1895, § 3122; Civil Code 1910, § 3698; Code 1933, § 61-107; Ga. L. 1967, p. 774, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 49 Am. Jur. 2d, Landlord and Tenant, § 98 et seq.
C.J.S.- 51C C.J.S., Landlord and Tenant, § 266 et seq.
ALR.
- Fraud, misrepresentation, or mistake as affecting estoppel of tenant to deny landlord's title, 2 A.L.R. 359.
Estoppel of assignee or sublessee to dispute lessor's title where assignment or sublease is conditioned upon validity of the title, 36 A.L.R. 1287.
Estoppel to dispute landlord's title where tenant never was in possession under the lease, 98 A.L.R. 545.
Tenant's adverse possession or use of third person's land not within the description in the lease as inuring to landlord's benefit so as to support latter's title or right by adverse possession or prescription, 105 A.L.R. 1187.
Right of tenant, as against landlord, to acquire or assert title based on foreclosure of lien or sale for tax or special assessment, 172 A.L.R. 1181.
Estoppel by lease: effect of lessor's after-acquired title or interest during lease term, 51 A.L.R.2d 1238.