Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the avoidance of circuity and multiplicity of actions.
§ 9-5-4.Grounds for restraint of trespass
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section limits injunctions against trespass to cases where the resulting injury cannot be repaired through damages, the trespasser is insolvent, or other circumstances in the court’s discretion — including the need to avoid circuitous or multiple lawsuits — make an injunction necessary and proper.
Full Text of § 9-5-4
Plain-English Summary
Trespass usually gets handled the ordinary way: sue for damages after the fact. This section explains when Georgia lets a property owner skip that route and go straight for an injunction instead.
Three situations open the door. First, the injury from the trespass has to be irreparable in damages — money will not undo the harm. Second, the trespasser might be judgment-proof: if he is insolvent, a damages award would not be worth pursuing. Third, the court has room to consider other circumstances that make an injunction the necessary and proper response, and the statute singles out one example — avoiding circuity and multiplicity of actions, meaning the court can head off a string of repeat lawsuits over the same ongoing conduct.
The upshot is that an injunction against trespass is not automatic. A property owner has to show one of these grounds exists before a court will use its equitable power instead of leaving the matter to a jury and a damages verdict.
Frequently Asked Questions
What three grounds justify an injunction against trespass under this section?
The section allows an injunction where the injury from the trespass is irreparable in damages, where the trespasser is insolvent, or where other circumstances exist that the court, in its discretion, finds make an injunction necessary and proper.
Why does the trespasser’s insolvency matter to this analysis?
If the trespasser is insolvent, a damages award after the fact would be difficult or impossible to collect, so an injunction becomes a more meaningful remedy than a judgment for money the trespasser cannot pay.
What does “avoidance of circuity and multiplicity of actions” mean here?
It refers to preventing a series of repeated lawsuits over the same ongoing trespass — the statute treats that concern as one example of a circumstance that can support an injunction.
Is trespass automatically stopped by injunction in Georgia?
No. The section states that equity will not interfere to restrain a trespass unless one of the listed grounds is present.
Who decides whether “other circumstances” justify an injunction against trespass?
The court does, exercising its discretion based on the facts of the case.
Amendment History
Laws 1842, Cobb’s 1851 Digest, p. 528.; Code 1863, § 3141; Code 1868, § 3153; Code 1873, § 3219; Code 1882, § 3219; Civil Code 1895, § 4916; Civil Code 1910, § 5493; Code 1933, § 55-104.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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