Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 4. GIFTS GENERALLY · Part 1. Inter Vivos Gifts

44-5-85. Rebuttable presumption of gift of lands belonging to parent but in possession of child for seven years.

Active

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

The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a rebuttable presumption of a gift and conveys title to the child. The presumption may be rebutted by evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, of a disclaimer of title by the child, or similar evidence.

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

Orig. Code 1863, § 2622; Code 1868, § 2622; Code 1873, § 2664; Code 1882, § 2664; Civil Code 1895, § 3571; Civil Code 1910, § 4151; Code 1933, § 48-106; Ga. L. 1998, p. 1304, § 1.

Law reviews

For comment on Harper v. Hudson, 210 Ga. 751, 82 S.E.2d 854 (1954), see 17 Ga. B.J. 391 (1955).

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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, pages 469 to 470; merge action: carried; file SHA-256 490191d3dc54.

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