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52.010 Private Ways; Generally
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Description
52.010 Private Ways; Generally Before one can assert a way of necessity over the land of another, every essential condition to such a right must affirmatively appear. Not only must the necessity of entry to and exit from the applicant's own land exist, but also it must appear that there is no other suitable outlet and that the applicant has complied with the provisions of the law as to adequate compensation having been paid or tendered to the owner of the land to be subjected to the burden of the easement sought. Charleston, etc., Railway Co. v. Fleming, 119 Ga. 995(2) (1904) Miller v. Slater, 182 Ga. 552, 557 (1936) (Note: Provisions to O.C.G.A. §§44-9-4144-9-47 relate to the laying out of ways of necessity.)
