2010 Georgia Code
TITLE 44 - PROPERTY
CHAPTER 5 - ACQUISITION AND LOSS OF PROPERTY
ARTICLE 7 - PRESCRIPTION
§ 44-5-161 - Adverse possession; effect of permissive possession

O.C.G.A. 44-5-161 (2010)
44-5-161. Adverse possession; effect of permissive possession


(a) In order for possession to be the foundation of prescriptive title, it:

(1) Must be in the right of the possessor and not of another;

(2) Must not have originated in fraud except as provided in Code Section 44-5-162;

(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and

(4) Must be accompanied by a claim of right.

(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.

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