reservation clause in Georgia

10 Georgia opinions name it 2 courts 1925–2023 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Gilbert v. Richardsongreen ga · 1994 · cited in 2 Georgia opinions naming this issue, 2023–2023 2 sentences 2023See also Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (holding that, while the reservation of immunity clause of the Georgia Constitution, as amended in 1991, did not expressly refer to counties, “the 1991 amendment’s extension 9 of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties” (citations omitted)); Ga. Const. of 1983, Art. 2023See also Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (holding that, while the reservation of immunity clause of the Georgia Constitution, as amended in 1991, did not expressly refer to counties, “the 1991 amendment’s extension 9 of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties” (citations omitted)); Ga. Const. of 1983, Art.	2	2
Leonard v. FULTON NATL. BANK OF ATLANTAgreen gactapp · 1952 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998Bank of Atlanta, 86 Ga. App. 635, 638 ( 72 SE2d 93 ) (1952) (“[t]he right to inspect is not the equivalent of the right to possess premises, so as to make the landlord liable for the negligence ... by the tenant”). 1998Bank of Atlanta, 86 Ga. App. 635, 638 ( 72 SE2d 93 ) (1952) (“[t]he right to inspect is not the equivalent of the right to possess premises, so as to make the landlord liable for the negligence ... by the tenant”).	1	1
Davis v. Stategreen gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1998–1998 1 sentence 1998As stated in Godwin, supra at 36 (2), “retention of. . . the right to enter the leased premises . . . during business hours for landlord-related purposes does not evidence such dominion and control of the premises so as to vitiate [landlord’s] limited liability under [OCGA § 44-7-14] and replace it with the liability imposed by [OCGA § 51-3-1]. [Cits.]” Ladson Investments v. Bagent, 151 Ga. App. 24, 25 (1) ( 258 SE2d 718 ) (1979) (“the duty to inspect arising from such a reservation clause is only commensurate with the scope of the obligation to repair”); Leonard v. Fulton Nat.	1	1
Ladson Investments v. Bagentgreen gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998As stated in Godwin, supra at 36 (2), “retention of. . . the right to enter the leased premises . . . during business hours for landlord-related purposes does not evidence such dominion and control of the premises so as to vitiate [landlord’s] limited liability under [OCGA § 44-7-14] and replace it with the liability imposed by [OCGA § 51-3-1]. [Cits.]” Ladson Investments v. Bagent, 151 Ga. App. 24, 25 (1) ( 258 SE2d 718 ) (1979) (“the duty to inspect arising from such a reservation clause is only commensurate with the scope of the obligation to repair”); Leonard v. Fulton Nat. 1998As stated in Godwin, supra at 36 (2), “retention of. . . the right to enter the leased premises . . . during business hours for landlord-related purposes does not evidence such dominion and control of the premises so as to vitiate [landlord’s] limited liability under [OCGA § 44-7-14] and replace it with the liability imposed by [OCGA § 51-3-1]. [Cits.]” Ladson Investments v. Bagent, 151 Ga. App. 24, 25 (1) ( 258 SE2d 718 ) (1979) (“the duty to inspect arising from such a reservation clause is only commensurate with the scope of the obligation to repair”); Leonard v. Fulton Nat.	1	1
Toombs County v. O'NEALgreen ga · 1985 · cited in 1 Georgia opinions naming this issue, 1986–1986 2 sentences 1986See generally Toombs County v. O’Neal, 254 Ga. 390 (1) ( 330 SE2d 95 ) (1985); Nelson v. Spalding County’, 249 Ga. 334 (1) ( 290 SE2d 915 ) (1982). 1986See generally Toombs County v. O’Neal, 254 Ga. 390 (1) ( 330 SE2d 95 ) (1985); Nelson v. Spalding County’, 249 Ga. 334 (1) ( 290 SE2d 915 ) (1982).	1	1
Kleinberg v. Lyonsgreen gactapp · 1929 · cited in 1 Georgia opinions naming this issue, 1979–1979 2 sentences 1979See, e.g., Kleinberg v. Lyons, 39 Ga. App. 774 (2) ( 148 SE 535 ); Levy v. Logan, 99 Ga. App. 253 (2) ( 108 SE2d 307 ). 1979See, e.g., Kleinberg v. Lyons, 39 Ga. App. 774 (2) ( 148 SE 535 ); Levy v. Logan, 99 Ga. App. 253 (2) ( 108 SE2d 307 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (21)

Case	Cited	Years
Werner v. Rawson green ga · 1892 2 sentences 1947Code, §§ 37-211, 37-212; Werner v. Rawson, 89 Ga. 619 (2) ( 15 S. E. 813 ) ; Green v. Johnson, 153 Ga. 738 (3) ( 113 S. E. 402 ) ; J. 1947Code, §§ 37-211, 37-212; Werner v. Rawson, 89 Ga. 619 (2) ( 15 S. E. 813 ) ; Green v. Johnson, 153 Ga. 738 (3) ( 113 S. E. 402 ) ; J.	2	1947–1947
Green v. Johnson green · 1922 2 sentences 1947Code, §§ 37-211, 37-212; Werner v. Rawson, 89 Ga. 619 (2) ( 15 S. E. 813 ) ; Green v. Johnson, 153 Ga. 738 (3) ( 113 S. E. 402 ) ; J. 1947Code, §§ 37-211, 37-212; Werner v. Rawson, 89 Ga. 619 (2) ( 15 S. E. 813 ) ; Green v. Johnson, 153 Ga. 738 (3) ( 113 S. E. 402 ) ; J.	2	1947–1947
Nelson v. Spalding County green ga · 1982 2 sentences 1986See generally Toombs County v. O’Neal, 254 Ga. 390 (1) ( 330 SE2d 95 ) (1985); Nelson v. Spalding County’, 249 Ga. 334 (1) ( 290 SE2d 915 ) (1982). 1986See generally Toombs County v. O’Neal, 254 Ga. 390 (1) ( 330 SE2d 95 ) (1985); Nelson v. Spalding County’, 249 Ga. 334 (1) ( 290 SE2d 915 ) (1982).	1	1986–1986
Clark v. State of Georgia green ga · 1977 2 sentences 1982Clark v. State of Ga., 240 Ga. 188 ( 240 SE2d 5 ) (1977). 1982Clark v. State of Ga., 240 Ga. 188 ( 240 SE2d 5 ) (1977).	1	1982–1982
Ellis v. State green gactapp · 1945 1 sentence 1979"The Lessor shall have the right to enter in and upon said demised premises at all reasonable times for the purpose of (a) examination and inspection thereof, (b) making repairs, replacements ... to said demised premises. . .” While a landlord’s reservation of a right to enter leased premises for the purpose of inspecting and repairing, coupled with a landlord’s contractual or statutory obligation to keep certain conditions in repair may give rise to a duty to exercise ordinary care to inspect and keep the premises safe (see, e.g., City of Dalton v. Anderson, 72 Ga. App. 109 ( 33 SE2d 115 )),	1	1979–1979
City of Dalton v. Anderson green gactapp · 1945 1 sentence 1979"The Lessor shall have the right to enter in and upon said demised premises at all reasonable times for the purpose of (a) examination and inspection thereof, (b) making repairs, replacements ... to said demised premises. . .” While a landlord’s reservation of a right to enter leased premises for the purpose of inspecting and repairing, coupled with a landlord’s contractual or statutory obligation to keep certain conditions in repair may give rise to a duty to exercise ordinary care to inspect and keep the premises safe (see, e.g., City of Dalton v. Anderson, 72 Ga. App. 109 ( 33 SE2d 115 )),	1	1979–1979
Levy v. Logan green gactapp · 1959 2 sentences 1979See, e.g., Kleinberg v. Lyons, 39 Ga. App. 774 (2) ( 148 SE 535 ); Levy v. Logan, 99 Ga. App. 253 (2) ( 108 SE2d 307 ). 1979See, e.g., Kleinberg v. Lyons, 39 Ga. App. 774 (2) ( 148 SE 535 ); Levy v. Logan, 99 Ga. App. 253 (2) ( 108 SE2d 307 ).	1	1979–1979
Symmes v. Arnold neutral ga · 1851 1 sentence 1945Counsel for the plaintiff in error contends that the instrument, by reason of the reservation clause, is testamentary in character, is therefore not a deed, and that the grantor therein had a right to convey the timber to the defendants subsequently to the date of that instrument, and cites in support of this contenion, Symmes v. Arnold, 10 Ga. 506 , Johnson v. Yancey, 20 Ga. 707 ( 65 Am.	1	1945–1945
Johnson v. Yancey neutral ga · 1856 1 sentence 1945Counsel for the plaintiff in error contends that the instrument, by reason of the reservation clause, is testamentary in character, is therefore not a deed, and that the grantor therein had a right to convey the timber to the defendants subsequently to the date of that instrument, and cites in support of this contenion, Symmes v. Arnold, 10 Ga. 506 , Johnson v. Yancey, 20 Ga. 707 ( 65 Am.	1	1945–1945
Brewer v. Baxter neutral ga · 1870 1 sentence 1945D. 646 ), Brewer v. Baxter, 41 Ga. 212 (5 Am.	1	1945–1945
Arnold v. Arnold green ga · 1879 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Sperber v. Balster green ga · 1881 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Johnson v. Sirmans neutral · 1883 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Ward v. Campbell green ga · 1884 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Barnes v. Stephens neutral ga · 1899 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Smith v. City of Rome neutral ga · 1899 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Wynn v. Wynn green ga · 1900 1 sentence 1945This court, in Wynn v. Wynn, 112 Ga. 214 ( 37 S. E. 378 ), and again in Patellis v. Tanner, 197 Ga. 471 ( 29 S. E. 2d, 419 ), cited all the cases relied upon by the plaintiffs in error, and at the same time cited a large number of other decisions which dealt with similar instruments and held them to be deeds and not testamentary in character.	1	1945–1945
Fann v. State green ga · 1900 1 sentence 1945This court, in Wynn v. Wynn, 112 Ga. 214 ( 37 S. E. 378 ), and again in Patellis v. Tanner, 197 Ga. 471 ( 29 S. E. 2d, 419 ), cited all the cases relied upon by the plaintiffs in error, and at the same time cited a large number of other decisions which dealt with similar instruments and held them to be deeds and not testamentary in character.	1	1945–1945
Patellis v. Tanner green ga · 1944 2 sentences 1945This court, in Wynn v. Wynn, 112 Ga. 214 ( 37 S. E. 378 ), and again in Patellis v. Tanner, 197 Ga. 471 ( 29 S. E. 2d, 419 ), cited all the cases relied upon by the plaintiffs in error, and at the same time cited a large number of other decisions which dealt with similar instruments and held them to be deeds and not testamentary in character. 1945This court, in Wynn v. Wynn, 112 Ga. 214 ( 37 S. E. 378 ), and again in Patellis v. Tanner, 197 Ga. 471 ( 29 S. E. 2d, 419 ), cited all the cases relied upon by the plaintiffs in error, and at the same time cited a large number of other decisions which dealt with similar instruments and held them to be deeds and not testamentary in character.	1	1945–1945
Varnadoe v. State green ga · 1881 1 sentence 1945R. 530), Arnold v. Arnold, 62 Ga. 627 (4), Sperber v. Balster, 66 Ga. 317 , Blackstock *399 v. Mitchell, 67 Ga. 768 , Johnson v. Sirmans, 69 Ga. 617 , Ward v. Campbell, 73 Ga. 97 , and Barnes v. Stephens, 107 Ga. 436 ( 33 S. E. 399 ), all of which involved instruments containing a reservation clause similar to that contained in the instrument under consideration here, and held that the instruments there considered were testamentary in character.	1	1945–1945
Butler v. Gosling green cal · 1900 1 sentence 1925Butler v. Gosling, 130 Cal. 422 , 60 Pac. 596 .” When Ira M.	1	1925–1925

Where else courts name it

TX 95 (1926–2026) NY 44 (1871–2024) PA 27 (1905–2025) AL 24 (1871–1993) OH 23 (1876–2026) ND 22 (1951–2023) CA 20 (1885–2021) WA 18 (1893–2018) WV 15 (1907–2021) OK 15 (1924–2016) GA 10 (1925–2023) KY 9 (1912–1964) IL 9 (1943–2025) AR 8 (1897–2012) CO 8 (1959–2022) MS 7 (1953–2016) CT 6 (1931–2012) WI 6 (1890–2024) LA 6 (1965–2014) FL 6 (1918–2025) MA 6 (1870–2001) IN 5 (1871–1994) MT 5 (1909–2022) AZ 5 (1966–2004) WY 5 (1925–1987) OR 5 (1913–1984) NJ 5 (1927–2010) ID 4 (1978–2019) MI 4 (1892–2004) KS 4 (1905–2019) MD 4 (1992–2002) ME 4 (1973–2019) TN 3 (1925–1999) HI 3 (1905–2025) VT 3 (1911–2012) VA 3 (1881–2025) IA 3 (1929–2021) MN 3 (1943–1992) NM 3 (1966–2007) AK 3 (1987–1998) SD 3 (1949–2021) MO 3 (1903–2010) UT 2 (1982–2002) NC 2 (2009–2023) SC 2 (1952–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check