No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or right of way in, over, under, or across said real property, which easement or right of way was created by an operation of law or by an express grant; provided, however, that an easement or right of way created by an express grant must be recorded prior to the recording of the fi. fa. for taxes or assessment for improvements under which the real property subject to the easement or right of way was sold.
(Ga. L. 1969, p. 39, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Covenants, Conditions, and Restrictions, § 243. 25 Am. Jur. 2d, Easements and Licenses, §§ 121, 122. 72 Am. Jur. 2d, State and Local Taxation, §§ 872, 873.
C.J.S.- 84 C.J.S., Taxation, §§ 111, 494 et seq., 510 et seq. 85 C.J.S., Taxation, §§ 1186, 1370 et seq.
ALR.
- Implied easement, upon division of tract, in respect of railroad spur or branch or siding, 138 A.L.R. 779.
Extinguishment of easement by implication or prescription, by sale of servient estate to purchase without notice, 174 A.L.R. 1241.
Conveyance of land as bounded by road, street, or other way as giving grantee rights in or to such way, 46 A.L.R.2d 461.
Relative rights, as between municipality and abutting landowners, to minerals, oil, and gas underlying streets, alleys, or parks, 62 A.L.R.2d 1311.
Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.
What constitutes unity of title or ownership sufficient for creation of an easement by implication or way of necessity, 94 A.L.R.3d 502.
ARTICLE 2 SOLAR EASEMENTS
Law reviews.
- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).
RESEARCH REFERENCES
ALR.
- Implied easement upon severance of tract where building is near or encroaches upon the dividing line, 9 A.L.R. 488; 41 A.L.R. 1210; 53 A.L.R. 910.
Implied easement of light and air over private alley or right of way, 9 A.L.R. 1634.
What are "minerals" within deed, lease, or license, 17 A.L.R. 156; 86 A.L.R. 983.
Right of owner of fee burdened with easement in nature of street, private or public, to compensation on condemnation of property for public street, 17 A.L.R. 1249.
Liability of abutter to one injured while using private way or road, 28 A.L.R. 856.
Roadway or pathway used at time of severance of tract as visible easement, 34 A.L.R. 233; 100 A.L.R. 1321; 164 A.L.R. 1001.
Destruction of building as terminating easement therein, 34 A.L.R. 606; 154 A.L.R. 82.
Interference with easement of light, air, or view by structure in street or highway as ground for injunction at instance of abutting owner, 40 A.L.R. 1321.
Automobile traffic as additional burden on right of way, 53 A.L.R. 553.
Rights, privileges, or easements of public, its grantees or licensees, on land bordering on navigable water, 53 A.L.R. 1191.
Locating easement of way of necessity, 68 A.L.R. 528.
Character of easement in respect of water as one in gross or appurtenant, 89 A.L.R. 1187.
Right of owner of dominant estate to have compensation for taking of easement by eminent domain determined with reference to land and improvements held in the dominant estate, 98 A.L.R. 640.
Right of owner of servient estate to alter conditions essential to enjoyment of easement in connection with stairway, or other part of building, 101 A.L.R. 1292.
Affirmative covenants as running with land, 102 A.L.R. 781; 118 A.L.R. 982.
Locating easement of way created by a grant which does not definitely describe its location, 110 A.L.R. 174.
Enlargement of easement by use for purpose or in a manner other than that specified in the grant, 110 A.L.R. 915.
Easement appurtenant to land, created subsequent to mortgage of dominant estate, as inuring to the benefit of the mortgagee or of purchaser at foreclosure sale and his subsequent grantees, 116 A.L.R. 1078.
Rights in respect of rents or royalties earned under an oil and gas lease or other grant of mineral rights in which owners of different tracts join as lessors, 116 A.L.R. 1267.
Nature and extent of right granted by contract for use of wall or roof for advertising purposes, 119 A.L.R. 1523.
Use of cemetery grounds for purposes other than interment, 130 A.L.R. 130.
Private cemeteries, 130 A.L.R. 250; 75 A.L.R.2d 591.
Assignability and diversibility of easement in gross or license in respect of land or water, 130 A.L.R. 1253.
Easement as precluding subsequent acquisition of easement in same land by third person, 133 A.L.R. 1200.
Failure or delay of original grantee to assert or exercise right of way by necessity as precluding subsequent assertion or exercise, 133 A.L.R. 1393.
Relief in injunction suit in respect of easement as affected by doubt as to right to, or extent or location of, easement; necessity of first establishing easement at law, 139 A.L.R. 165.
Adjoining owner's use of wall standing on or near dividing line as imposing obligation to contribute to cost, where he was not party to oral agreement or unrecorded written agreement under which it was erected, 140 A.L.R. 1424.
Express easements of light, air, and view, 142 A.L.R. 467.
Commencement and duration of express easement as affected by provision in instrument creating it, 154 A.L.R. 5.
Visible easement rule as applicable to reciprocal or cross easements resulting from common development and use of adjoining properties in different ownership, 155 A.L.R. 543.
Parol evidence rule as applied to question of easement by necessity or visible easement, 165 A.L.R. 567.
Easement or servitude or restrictive covenant as affected by sale for taxes, 168 A.L.R. 529.
Rights and duties of owners inter se with respect to upkeep and repair of water easement, 169 A.L.R. 1147.
Liability, as regards surface waters, for raising surface level of land, 12 A.L.R.2d 1338.
Easement or privileges of tenant of part of building as to other parts not included in lease, 24 A.L.R.2d 123.
Right to park vehicles on private way, 37 A.L.R.2d 944.
Easement by prescription in artificial drains, pipes, or sewers, 55 A.L.R.2d 1146.
Liability with respect to improvement assessments or charges as between vendor and purchaser, 59 A.L.R.2d 1044.
Grant, reservation, or exception as creating separate and independent legal estate in solid minerals or as passing only incorporeal privilege or license, 66 A.L.R.2d 978.
Private or family cemeteries, 75 A.L.R.2d 591.
Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.
Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.
Reservation or exception in deed in favor of stranger, 88 A.L.R.2d 1199.
Deed to railroad company as conveying fee or easement, 6 A.L.R.3d 973.
Easements: way by necessity where property is accessible by navigable water, 9 A.L.R.3d 600.
Right of servient owner to maintain, improve, or repair easement of way at expense of dominant owner, 20 A.L.R.3d 1026.
Construction and operation of parking-space provision in shopping-center lease, 56 A.L.R.3d 596.
Separate assessment and taxation of air rights, 56 A.L.R.3d 1300.
Conveyance of "right of way," in connection with conveyance of another tract, as passing fee or easement, 89 A.L.R.3d 767.
Location of easement of way created by grant which does not specify location, 24 A.L.R.4th 1053.
Solar energy: landowner's rights against interference with sunlight desired for purposes of solar energy, 29 A.L.R.4th 349.
Locating easement of way created by necessity, 36 A.L.R.4th 769.
Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.
Easement, servitude, or covenant as affected by sale for taxes, 7 A.L.R.5th 187.