Official Code of Georgia Annotated

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

44-5-164. When adverse possession for seven years confers title.

Active

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

Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.

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

Laws 1767, Cobb’s 1851 Digest, p. 559; Laws 1805, Cobb’s 1851 Digest, p. 563; Ga. L. 1851-52, p. 238, § 1; Ga. L. 1855-56, p. 233, § 1; Code 1863, § 2642; Code 1868, § 2641; Code 1873, § 2683; Code 1882, § 2683; Civil Code 1895, § 3589; Civil Code 1910, § 4169; Code 1933, § 85-407; Ga. L. 1982, p. 3, § 44.

Cross references

Surveying and marking boundary lines of property possessed under claim of right for more than seven years, § 44-4-7.

Law reviews

For article, ‘‘Some Aspects of the Law of Easements,’’ see 9 Ga. St. B.J. 287 (1973). For article surveying real property law, see 34 Mercer L. Rev. 255 (1982). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005).

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