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Call Now: 904-383-7448A right to an easement of light and air passing over another's land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light and air over such vacant lot shall pass as an incident to the house sold as being necessary to the enjoyment thereof.
(Civil Code 1895, § 3046; Civil Code 1910, § 3618; Code 1933, § 85-1201.)
- This section is derived from the decisions in Turner v. Thompson, 58 Ga. 268 (1876) and Thompson v. Turner, 69 Ga. 219 (1881).
- For comment on Hornsby v. Smith, 191 Ga. 491, 13 S.E.2d 20 (1941), see 3 Ga. B.J. 61 (1941).
Easement is acquired by implied grant and is based upon necessity, and when the necessity ceases, the easement ceases. S.A. Lynch Corp. v. Stone, 211 Ga. 516, 87 S.E.2d 57 (1955).
- The principle O.C.G.A. § 44-9-2 states is equally applicable to a case where the owner of two adjoining lots leases one upon which there is a dwelling house dependable upon a window overlooking the adjoining lot for light and air. Indeed, the reason for the rule is more cogent in a case of tenancy than of purchase. Darnell v. Columbus Show-Case Co., 129 Ga. 62, 58 S.E. 631, 121 Am. St. R. 206, 13 L.R.A. (n.s.) 333 (1907).
One who subsequently rends adjoining land is invested with no greater privileges than landlord, and is liable to neighbor tenant in damages resulting from interference with the latter's implied easement. Darnell v. Columbus Show-Case Co., 129 Ga. 62, 58 S.E. 631, 121 Am. St. R. 206, 13 L.R.A. (n.s.) 333 (1907).
- Ordinarily the damage recoverable is the depreciated rental value of the tenement; but if the instrumentality which obstructs the light and air is so constructed as to project rain through the window of the tenement to the injury of the tenant's bedroom furnishings and to personal discomfort, and this is done with the view of causing the tenant to abandon lease, punitive damages may be allowed. Darnell v. Columbus Show-Case Co., 129 Ga. 62, 58 S.E. 631, 121 Am. St. R. 206, 13 L.R.A. (n.s.) 333 (1907).
It is error to enjoin the building of a house or a lot because the building would obstruct the light and air from a church. Smyth v. Nelson, 135 Ga. 96, 68 S.E. 1032 (1910).
Cited in Houser v. Morris, 518 F. Supp. 873 (N.D. Ga. 1981); Goddard v. Irby, 255 Ga. 47, 335 S.E.2d 286 (1985).
- 1 Am. Jur. 2d, Adjoining Landowners, § 90 et seq.
- 2 C.J.S., Adjoining Landowners, §§ 68-74. 28A C.J.S., Easements, §§ 51, 85, 87, 111, 121, 151.
- Implied easement of light and air over private alley or right of way, 9 A.L.R. 1634.
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.
Permission or license from owner of servient estate as extinguishing an existing easement, 50 A.L.R. 1295.
Easement of view from public street, 90 A.L.R. 793.
Right to injunction to protect easement of light and air, 93 A.L.R. 1180.
Location of easement of way created by grant which does not specify location, 24 A.L.R.4th 1053.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2023-11-02
Snippet: on January 44 9; (2) Jenkins was briefly questioned by law enforcement
Court: Supreme Court of Georgia | Date Filed: 1985-10-17
Citation: 335 S.E.2d 286, 255 Ga. 47, 1985 Ga. LEXIS 882
Snippet: for an implied easement of light and air. OCGA § 44-9-2 provides as follows: "A right to an easement of