Georgia § 9-3-29 - Breach of restrictive covenant.
Full text of Georgia Official Code of Georgia Annotated § 9-3-29 — Breach of restrictive covenant., with citation guidance and answers to common questions.
§ 9-3-29. Breach of restrictive covenant.
All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. In actions for breach of covenant which accrue as a result of the failure to pay assessments or fees, the action shall be brought within four years after the right of action accrues. For the purpose of this Code section, the right of action shall accrue immediately upon the erection of a permanent fixture which results in a violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. When an alleged violation or complaint is based upon a continuous violation of the covenant resulting from an act or omission, the right of action shall accrue each time such act or omission occurs. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity. (Ga. L. 1953, Jan.-Feb. Sess., p. 238, §§ 1, 2; Ga. L. 1991, p. 665, § 1; Ga. L. 1995, p. 727, § 1; Ga. L. 2017, p. 352, § 1/SB 46.) The 2017 amendment, effective July 1, 2017, in subsection (c), inserted "erection of a permanent fixture which results in a" in the first sentence and added the second sentence. Law reviews. - For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016). For comment, "Injunction Remedy for Breach of Restrictive Covenants: An Economic Analysis," see 45 Mercer L. Rev. 543 (1993).
Frequently Asked Questions About Georgia § 9-3-29
What does Official Code of Georgia Annotated § 9-3-29 cover?
Section 9-3-29 ("Breach of restrictive covenant.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 9-3-29?
A common citation format is "Official Code of Georgia Annotated § 9-3-29" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 9-3-29 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.