GA Code § 44-1-2 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 1 - General Provisions|§ 44-1-2. "Realty" or "Real Estate" Defined; Extent of Owner's Interest in Airspace

  As used in this title, the term "realty" or "real estate" means:   All lands and the buildings thereon;   All things permanently attached to land or to the buildings thereon; and   Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.     The property right of the owner of real estate extends downward indefinitely and upward indefinitely.    (Orig. Code 1863, § 2197; Code 1868, § 2192; Code 1873, § 2218; Code 1882, § 2218; Civil Code 1895, § 3045; Civil Code 1910, § 3617; Code 1933, § 85-201.)   Cross references.   - Obtaining title to mineral rights through adverse possession, § 44-5-168.    Leasing mining interests in land, § 44-6-102.    Determining ownership of gas injected into underground storage reservoir, § 46-4-58.    Provisions regarding extent of title downward and upward indefinitely, § 51-9-9.   Law reviews.   - For article, "Timber Transactions in Georgia," see 19 Ga. B.J. 413 (1957). For article, "Timber! - Falling Tree Liability in Georgia," see 10 Ga. St. B.J. 10 (2004).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Real Estate   Fixtures   Airspace    OPINIONS OF THE ATTORNEY GENERAL    For listing of numerous items to be considered as fixtures and as part of realty,  see 1969 Op. Att'y Gen. No. 69-90.    Trees or timber are part of realty and remain such until severed.  Once severed, trees or timber become personal property. 1958-59 Op. Att'y Gen. p. 379.    Advertisement sign per se is personal property,  but when placed with the intention that the sign remain permanently in that place, the sign may be considered as part of the realty. 1970 Op. Att'y Gen. No. 70-163.   Mobile homes.   - Mobile home can be considered as part of the realty when it is placed on the property with the intent that the mobile home remain permanently in place and that the mobile home pass as part of the realty when conveyed. In order to determine what the intent was with respect to the mobile home, all of the surrounding facts and circumstances should be considered in each case as outward manifestations of what was in fact intended. 1969 Op. Att'y Gen. No. 69-316.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Property, §§ 13 et seq., 48, 49.   C.J.S.   - 73 C.J.S., Property, §§ 18, 21 et seq.   ALR.    - Scope and import of term "owner" in statutes relating to real property, 2 A.L.R. 778; 95 A.L.R. 1085.    Oil and gas or other mineral rights in land as affected by language in conveyance specifying purpose for which the property is to be used, 5 A.L.R. 1498; 39 A.L.R. 1340.    Severance of title or rights to oil and gas in place from title to surface, 29 A.L.R. 586; 146 A.L.R. 880.    Storage tank or other apparatus of gasoline station as fixture, 36 A.L.R. 447; 52 A.L.R. 798; 99 A.L.R. 69.    Garage as fixture, 36 A.L.R. 1519.    Oil, gas, or other mineral rights in land, apart from ownership of soil, as subject as real estate to lien of judgment against the owner of the mineral interest, 52 A.L.R. 135.   Relative rights, as between municipality and abutting landowners, to minerals, oil, and gas underlying streets, alleys, or parks, 62 A.L.R.2d 1311.   Solid mineral royalty as real or personal property, 68 A.L.R.2d 728.   Manure as real or personal property as between seller and buyer of real property, 82 A.L.R.2d 1099.   Separate assessment and taxation of air rights, 56 A.L.R.3d 1300.   Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.   Airport operations or flight of aircraft as constituting taking or damaging of property, 22 A.L.R.4th 863.   Conveyance of land as including mature but unharvested crops, 51 A.L.R.4th 1263.   Oil and gas royalty as real or personal property, 56 A.L.R.4th 539.   Mine tailings as real or personal property, 75 A.L.R.4th 965.