O.C.G.A.

O.C.G.A. § 44-1-9 (2019)

Ownership of deposit and offspring by wild animals on land

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Anything deposited on realty by wild animals, birds, and fish except wildlife as defined by Code Section 27-1-2 shall belong to the owner of the realty. Honey deposited in a tree by bees shall belong to the owner of the tree even if the bees were hived by another person. The eggs and young of birds and the offspring of other animals and fish for as long as they remain unable to leave the land shall belong to the owner of the land.

History

(Orig. Code 1863, § 2221; Code 1868, § 2215; Code 1873, § 2241; Code 1882, § 2241; Civil Code 1895, § 3074; Civil Code 1910, § 3650; Code 1933, § 85-1704; Ga. L. 1982, p. 3, § 44.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL without first having the permission and consent of the owner of the land upon which the tree is situated. 1950-51 Op. Att’y Gen. p. 318.

Landowner’s permission needed to cut down tree containing wild bees and honey. - One could not go upon the land of any person and cut a tree containing wild bees and honey and take the bees and honey

RESEARCH REFERENCES Am. Jur. 2d. - 63A Am. Jur. 2d, Property, § 27. C.J.S. - 3B C.J.S., Animals, § 8, 10.

ALR. - Law of bees, 39 ALR 352. Liability for injury or damage caused by bees, 86 ALR3d 829.