Establishment of Private Way by Prescription - When Owners Barred From Damages

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When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become complete and the owners shall be barred from damages, provided that the owners have had six months' knowledge of such facts without moving for damages.

(Orig. Code 1863, § 703; Code 1868, § 765; Code 1873, § 731; Code 1882, § 731; Civil Code 1895, § 672; Civil Code 1910, § 818; Code 1933, § 83-113; Ga. L. 1982, p. 3, § 44.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Easements and Licenses, § 129, 130.

C.J.S.

- 28A C.J.S., Easements, §§ 191, 209, 210.

ALR.

- Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.


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