Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 1. In General

44-6-123. Adverse possession against cotenant; action to recover possession.

Active

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

There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice of adverse possession. In such event, the cotenant may bring an action to recover 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

Orig. Code 1863, § 2284; Code 1868, § 2277; Code 1873, § 2303; Code 1882, § 2303; Civil Code 1895, § 3145; Civil Code 1910, § 3725; Code 1933, § 85-1005.

Cross references

Adverse possession generally, § 44-5-160 et seq.

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