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Official Code of Georgia Annotated

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

44-5-173. Prescription involving unrepresented estates, joint tenancies, or dismissed actions.

Active

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

  1. (a)

    Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years.#

  2. (b)

    Prescription shall not run against a joint title which cannot be severally enforced or where any of the joint owners labor under one of the disabilities specified in Code Section 44-5-170.#

  3. (c)

    Prescription shall not run against a party when his action, timely commenced, is involuntarily dismissed or voluntarily dismissed for the first time if he recommences the same within six months.#

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 1847, Cobb’s 1851 Digest, p. 569; Ga. L. 1855-56, p. 233, §§ 21, 24, 33; Code 1863, § 2647; Code 1868, § 2646; Code 1873, § 2688; Code 1882, § 2688; Civil Code 1895, § 3595; Civil Code 1910, § 4175; Code 1933, § 85-413.

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, pages 574 to 575; merge action: carried; file SHA-256 490191d3dc54.