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2018 Georgia Code 44-5-13 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 1 GRANTS FROM STATE

44-5-13. 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.

(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.)

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 A.L.R. 1533.

Release of power of appointment of property, 76 A.L.R. 1430.

Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.

Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.

Liability for interference with franchise, 97 A.L.R.3d 890.

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