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2018 Georgia Code 44-9-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-9-7 Case Law from Google Scholar Amendments to OCGA 44-9-7

TITLE 44 PROPERTY

Section 9. Easements, 44-9-1 through 44-9-92.

ARTICLE 1 IN GENERAL

44-9-7. Effect of sale of property for taxes or assessments on easements or rights of way.

No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or right of way in, over, under, or across said real property, which easement or right of way was created by an operation of law or by an express grant; provided, however, that an easement or right of way created by an express grant must be recorded prior to the recording of the fi. fa. for taxes or assessment for improvements under which the real property subject to the easement or right of way was sold.

(Ga. L. 1969, p. 39, § 1.)

JUDICIAL DECISIONS

Cited in Smith v. Gwinnett County, 248 Ga. 882, 286 S.E.2d 739 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Covenants, Conditions, and Restrictions, § 243. 25 Am. Jur. 2d, Easements and Licenses, §§ 121, 122. 72 Am. Jur. 2d, State and Local Taxation, §§ 872, 873.

C.J.S.

- 84 C.J.S., Taxation, §§ 111, 494 et seq., 510 et seq. 85 C.J.S., Taxation, §§ 1186, 1370 et seq.

ALR.

- Implied easement, upon division of tract, in respect of railroad spur or branch or siding, 138 A.L.R. 779.

Extinguishment of easement by implication or prescription, by sale of servient estate to purchase without notice, 174 A.L.R. 1241.

Conveyance of land as bounded by road, street, or other way as giving grantee rights in or to such way, 46 A.L.R.2d 461.

Relative rights, as between municipality and abutting landowners, to minerals, oil, and gas underlying streets, alleys, or parks, 62 A.L.R.2d 1311.

Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.

What constitutes unity of title or ownership sufficient for creation of an easement by implication or way of necessity, 94 A.L.R.3d 502.

Cases Citing Georgia Code 44-9-7 From Courtlistener.com

Total Results: 2

Land USA, LLC v. Georgia Power Company

Court: Supreme Court of Georgia | Date Filed: 2015-06-01

Snippet: sale was extinguished. See OCGA § 44- 9-7.6 While OCGA § 44-9-7 does not directly address the viability

Land USA, LLC v. Georgia Power Company

Court: Supreme Court of Georgia | Date Filed: 2015-06-01

Citation: 297 Ga. 237, 773 S.E.2d 236, 2015 Ga. LEXIS 367

Snippet: extinguished. See OCGA § 44-9-7. 6 *241 While OCGA § 44-9-7 does not directly address