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2019 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-161. Adverse possession; effect of permissive possession

Universal Citation:
GA Code § 44-5-161 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (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.

History:

Ga. L. 1851-52, p. 238, § 2; Code 1863, § 2638; Code 1868, § 2637; Code 1873, § 2679; Code 1882, § 2679; Civil Code 1895, § 3584; Civil Code 1910, § 4164; Code 1933, § 85-402.

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