O.C.G.A. § 44-9-23 (2019)
Contents of solar easements
Any instrument creating a solar easement shall include, but shall not be limited to: (1) A definite and certain description of the airspace affected by such easement; and (2) Any terms or conditions or both under which the solar easement is granted or will be terminated.
History
Ga. L. 1978, p. 2076, § 4.
Annotations
Law reviews. For article surveying Georgia cases
dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).
RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Easements and Licenses, §§ 8, 99. C.J.S. 2A C.J.S., Aeronautics and Aerospace,
§ 8. 28A C.J.S., Easements, §§ 39, 53 et seq., 85 et seq., 110, 118 et seq., 151, 177, 183 et seq.
ARTICLE 3 PRIVATE WAYS Cross references. Taking of private ways upon payment of
just compensation, Ga. Const. 1983, Art. I, Sec. III, Para. II.
JUDICIAL DECISIONS Constitutionality, see Cato v. Arnold, 222 Ga. 567, 151 S.E.2d 149, 1966 Ga. LEXIS 556 (1966). Unconstitutionality of O.C.G.A. § 44-9-47 does not invalidate general scheme. - Although O.C.G.A. § 44-9-47 is unconstitutional, that portion of Art. 3, Ch. 9, T. 44, is not such an integral part of the statute as to invalidate the general legislative scheme. Arnold v. Selected Sites, Inc., 229 Ga. 468, 192 S.E.2d 260, 1972 Ga. LEXIS 653 (1972). When road has been used as private
way for as much as one year, an owner of land over which it passes may not close it up without first giving the common users of the way 30-days’ notice in writing, that they may take steps to have it made permanent by proceeding before the ordinary (now probate judge), in the manner provided by O.C.G.A. Art. 3, Ch. 9, T. 44. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392, 1943 Ga. LEXIS 506 (1943). Those who travel over a route may acquire an inchoate right before they secure perfect title. Thus, even incom-
plete and partial prescription will prevent the owner from obstructing a private way which has been used for 12 months, unless the person first gives 30-days’ notice in
writing of intention to the common users. Hall v. Browning, 195 Ga. 423, 24 S.E.2d 392, 1943 Ga. LEXIS 506 (1943).
RESEARCH REFERENCES ALR. Right to string wires across railroad right of way, 18 A.L.R. 619. Right of owner of property not abutting on closed section to compensation for vacation of street or highway, 93 A.L.R. 639. Right to park vehicles on private way, 37 A.L.R.2d 944. Power to directly regulate or prohibit abutter’s access to street or highway, 73 A.L.R.2d 652. Power to restrict or interfere with access of abutter by traffic regulations, 73 A.L.R.2d 689. Relocation of easements (other than those originally arising by necessity);
rights as between private parties, 80 A.L.R.2d 743. What constitutes unity of title or ownership sufficient for creation of an easement by implication or by way of necessity, 94 A.L.R.3d 502. Way of necessity over another’s land, where a means of access does exist, but is claimed to be inadequate, inconvenient, difficult, or costly, 10 A.L.R.4th 447. Way of necessity where only part of land is inaccessible, 10 A.L.R.4th 500. Neighborly accommodation as defense against adverse possession or prescriptive easement, 56 A.L.R.7th 8.