O.C.G.A. § 44-5-13 (2019)
Grants by implication; presumptions favor grants
A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant.
History
(Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, § 3809; Code 1933, § 85-312.)
Annotations
JUDICIAL DECISIONS Grant to maintain turnpike road strictly construed in favor of public. - Grant to a company incorporating them to construct and maintain a turnpike road, whether it be of property or franchises, is to be construed strictly in favor of the public, and nothing passes but what is granted in clear and explicit terms. Vernon Shell Rd. Co. v. Mayor of Savannah, 95 Ga. 387, 22 S.E. 625 (1895).
Authority to extend railroad into city not found. - An Act authorizing a railroad ‘‘to extend their road from any point at or in the City of Savannah to the island of Tybee’’ does not authorize the railroad to extend their road into the city, in a direction differing from that to Tybee Island, and to lay their track through the entire length of one of the streets, with a grade requiring deep
excavations and high embankments. Savannah, A. & G.R.R. v. Shields, 33 Ga. 601 (1863). RESEARCH REFERENCES Am. Jur. 2d. - 63A Am. Jur. 2d, Public Lands, §§ 3 et seq., 124. C.J.S. - 73B C.J.S., Public Lands, § 278. ALR. - Reservation in grant of land of right to hunt and fish with like right to the grantee, as limiting the right of the grantee actual owners of the land, 32 ALR 1533. Release of power of appointment of property, 76 ALR 1430.
Width of way created by express grant, reservation, or exception not specifying width, 28 ALR2d 253. Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor’s spouse, 52 ALR3d 753. Liability for interference with franchise, 97 ALR3d 890.