Kirkland v. Pitman
Supreme Court of Georgia
Certiorari. Before Judge Parker. Camden superior court. March 22, 1904. Pitman and other residents .of Camden county instituted a proceeding before the ordinary to remove obstructions from a private road about one mile long, extending, from Honey Creek bluff to Spring bluff public road.
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Certiorari. Before Judge Parker. Camden superior court. March 22, 1904. Pitman and other residents .of Camden county instituted a proceeding before the ordinary to remove obstructions from a private road about one mile long, extending, from Honey Creek bluff to Spring bluff public road. The petition alleges, that this private way was given to the public by Dr. Alexander Atkinson, about 1889, and that it has recently been obstructed by J. J. Kirkland erecting a fence across the private way; that the private way has been in use continuously and uninterruptedly for seven years or more, and no…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. Possession must be adverse in order to form the basis for prescription. A notable exception exists, however, in the case of private ways. The use may originate in. permission, and yet -may ripen by prescription. Everedge v. Alexander, 75 Ga. 859 (4); Pol. Code, § 678. When a way once begins to be traveled by the people of a neighborhood, they adjust themselves thereto. Land is bought, farms are opened, and houses are built on the faith that such property can be reached over, the existing road. The longer the owner remains inactive the greater will be…
2Cases cited5 opinions
- Watkins v. Country ClubSupreme Court of Georgia · 1904
- Holmes v. JonesSupreme Court of Georgia · 1888
- Powell v. AmossSupreme Court of Georgia · 1890
- Duggan v. CoxSupreme Court of Georgia · 1887
- Southern Banking & Trust Co. v. Wilcox Lumber Co.Supreme Court of Georgia · 1904
3Cited by37 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Hall v. BrowningSupreme Court of Georgia · 1943
- Tift v. Golden Hardware Co.Supreme Court of Georgia · 1949
- Rogers v. WilsonSupreme Court of Georgia · 1931
- Jones v. MauldinSupreme Court of Georgia · 1951
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