Read v. Georgia Power Co.

SMITH, Presiding Judge.

The issue in this case is whether Henry Read, a tenant, owns an “interest” in the property he leases from his landlord Georgia Power that would allow him to pursue a private way on the property. In granting summary judgment to Georgia Power and others, the trial court found as fact that Read had only a usufruct — the right to use the property. We agree and affirm.

The facts are undisputed here. Henry Read filed a complaint for an easement by necessity against the landowner Georgia Power and several adjacent tenants. Georgia Power owns all of the land in dispute in fee…