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Official Code of Georgia Annotated

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

44-5-169. Possession of land as notice; presumption from possession of husband and wife.

Active

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

  1. Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted.

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

Civil Code 1895, § 3931; Civil Code 1910, § 4528; Code 1933, § 85-408.

Cross references

Gender-neutral statutory construction, § 1-3-1.

Law reviews

For article, ‘‘Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,’’ see 15 (No. 5) Ga. St. B.J. 12 (2010). For comment on NeSmith v. Calder, 163 Ga. 4, 135 S.E. 67 (1926), see 1 Ga. L. Rev. No. 1 P. 49 (1927). For comment on Wren v. Wren, 199 Ga. 851, 36 S.E.2d 77 (1945), see 9 Ga. B.J. 88 (1946).

Other notes

History of Code section.
This Code section is derived from the decision in Broome v. Davis, 87 Ga. 584, 13 S.E. 749 (1891).

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