Limitation on Use of Private Ways for Specific Commercial Purposes

  1. Law
  2. Georgia Code
  3. Property
  4. Easements
  5. Private Ways
  6. Limitation on Use of Private Ways for Specific Commercial Purposes

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  1. When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing where the business of rafting or shipping is carried on or to any railroad depot, the use of the private way shall not extend to the use of any landing erected by a person for his own benefit.
  2. Notwithstanding subsection (a) of this Code section, if there is only one bluff or place of landing, the owner may not appropriate it to himself exclusively if he will not be damaged by the admission of others to its use or if he is properly compensated for any damages he sustains; but no person shall be entitled to use the wood-slide or other improvement erected by another for his own use or a timber landing while the owner is using it.

(Ga. L. 1853-54, p. 90, § 2; Code 1863, §§ 705, 706; Code 1868, §§ 767, 768; Code 1873, §§ 733, 734; Code 1882, §§ 733, 734; Civil Code 1895, §§ 674, 675; Civil Code 1910, §§ 820, 821; Code 1933, §§ 83-115, 83-116.)

RESEARCH REFERENCES

ALR.

- Scope of prescriptive easement for access (easement of way), 79 A.L.R.4th 604.


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