Official Code of Georgia Annotated

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

44-5-162. Effect of fraud on prescription.

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

(a)
In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal.#
(b)
When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered.#

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.

Civil Code 1895, § 3597; Civil Code 1910, § 4177; Code 1933, § 85-414.

History of Code section.: This Code section is derived from the decision in Salter v. Salter, 80 Ga. 178, 4 S.E. 391 (1887).

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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 533; merge action: annotated; file SHA-256 490191d3dc54.