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52.100 Private Ways; Establishment by Prescription
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Description
52.100 Private Ways; Establishment by Prescription Whenever a private way has been in constant and uninterrupted use for seven years or more and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way. O.C.G.A. §44-9-54 In order to acquire a prescriptive title to a right-of-way, it must not exceed twenty feet in width and those using it must keep it in repair. They cannot acquire a right to a greater width by swerving to avoid an obstacle that they themselves should have removed. Parts of the way that were over twenty feet wide when originally laid out would not necessarily prevent the establishment of a private way. Kirkland v. Pitman, 122 Ga. 256, 260 (1905) Ridley v. Griffeth, 216 Ga. 167 (1960) (Note: O.C.G.A. §44-9-40(a) changed maximum width of private ways from fifteen to twenty feet.)
