Equity will not interfere by injunction to restrain waste when the petitioner’s title is not clear. Such relief shall be granted only when the title is free from dispute.
§ 9-5-5.When waste enjoined
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section bars an injunction against waste unless the petitioner’s title to the property is free from dispute, so a claim of unclear or contested ownership defeats the request no matter how serious the alleged waste is.
Full Text of § 9-5-5
Plain-English Summary
Waste — damage to property that harms someone else’s future interest in it, such as a landlord’s or remainderman’s stake — is another situation where Georgia lets equity step in. But this section puts up a gate before that door opens: the person asking for the injunction has to hold a clear title.
If title is in dispute, the court will not touch the waste question by injunction. The statute does not soften this into a factor to weigh against others; it states the relief “shall be granted only when the title is free from dispute.” That leaves no room for a court to grant a waste injunction while a title fight is still unresolved.
The practical lesson is one of sequencing. A petitioner with a real title problem has to clear that up first — through an action to quiet title or otherwise establish ownership — before an injunction against waste becomes available.
Frequently Asked Questions
What must a petitioner show about title before a Georgia court will enjoin waste?
The petitioner’s title must be free from dispute; the section states that equity will not interfere by injunction to restrain waste when the petitioner’s title is not clear.
Why does title clarity matter to a waste injunction?
An injunction against waste protects the petitioner’s interest in the property, so the court needs to be certain that interest exists free of dispute before ordering someone to stop damaging the property.
What happens if title to the property is truly disputed?
The injunction will not be granted while the dispute over title remains unresolved, since the section requires the title to be free from dispute before relief is available.
Does this section define what counts as “waste”?
No. It addresses only the title prerequisite for an injunction against waste, not the definition of waste itself.
Who has to establish that title is clear?
The petitioner seeking the injunction bears that burden, since the relief is available only when his title is free from dispute.
Amendment History
Civil Code 1895, § 4917; Civil Code 1910, § 5494; Code 1933, § 55-105.
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
Also known as: georgia waste injunctionenjoin waste property georgiaclear title injunction georgiawaste real property georgia lawdisputed title injunction georgia