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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 7. PRESCRIPTION

44-5-161. Adverse possession; effect of permissive possession.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    In order for possession to be the foundation of prescriptive title, it:#

    1. (1)

      Must be in the right of the possessor and not of another;#

    2. (2)

      Must not have originated in fraud except as provided in Code Section 44-5-162;#

    3. (3)

      Must be public, continuous, exclusive, uninterrupted, and peaceable; and#

    4. (4)

      Must be accompanied by a claim of right.#

  2. (b)

    Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1851-52, p. 238, § 2; Code 1863, § 2638; Code 1868, § 2637; Code 1873, § 2679; Code 1882, § 2679; Civil Code 1895, § 3584; Civil Code 1910, § 4164; Code 1933, § 85-402.

Cross references

Adverse possession against cotenant, § 44-6-123. Obtaining private ways through adverse possession, §§ 44-9-1, 44-9-54, 44-9-55.

Law reviews

For annual survey of real property law, see 35 Mercer L. Rev. 257 (1983). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For note, ‘‘For Sale — One Level 5 Bar-barian for 94,800 Won: The International Effects of Virtual Property and the Legality of Its Ownership,’’ see 37 Ga. J. Int’l & Comp. L. 381 (2009).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 519; merge action: annotated; file SHA-256 490191d3dc54.