2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription

Law reviews.

- For article surveying Georgia cases in the area of real property from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978). For note, "Adverse Possession of Municipal and County Property Held for Proprietary Purposes: The Unique Georgia Development," see 7 Ga. St. B.J. 482 (1971).


Possession of land remaining with grantor and never surrendered is deemed held under grantee. Such possession is construed as consistent with the grantor's recorded deed, and is not notice to an innocent purchaser from the grantee of any mistake in the deed whereby a larger tract was inadvertently conveyed than the parties to the deed intended. Under these circumstances such possession, although remaining with the grantor and never surrendered, is not deemed adverse to the title of the grantor's grantee, and a prescriptive title in favor of the grantor can never ripen under such possession. Stepp v. Stepp, 195 Ga. 595, 25 S.E.2d 6 (1943).

Cited in Carnes v. Pittman, 209 Ga. 639, 74 S.E.2d 852 (1953); Lightfoot v. Applewhite, 212 Ga. 136, 91 S.E.2d 37 (1956); Mann v. Carter, 213 Ga. 85, 97 S.E.2d 137 (1957).



- Loss of easement by adverse possession, or nonuser, 1 A.L.R. 884; 66 A.L.R. 1099; 98 A.L.R. 1291; 25 A.L.R.2d 1265.

Adverse possession as against vendor by one who enters under executory contract, 1 A.L.R. 1329.

Adverse possession of common, 9 A.L.R. 1373.

Necessity of actual possession to give title by adverse possession under invalid tax title, 22 A.L.R. 550.

Act of trespasser as interrupting adverse possession, 22 A.L.R. 1458.

Holder of invalid tax title as within occupying claimant's act, 44 A.L.R. 479.

Adverse possession of railroad right of way, 50 A.L.R. 303.

Adverse possession or prescription as affected by owner's informal consent subsequent to hostile entry, 65 A.L.R. 128.

Possession by widow after extinguishment of dower as adverse to heirs or their privies, 75 A.L.R. 147.

Rule against accumulation of income as applicable to income from personalty, or real property equitably converted into personalty, 75 A.L.R. 196.

Time covered by pendency of suit discontinued without decision on merits as included in computation of period of adverse possession, 80 A.L.R. 439.

Right of cotenant to acquire and assert adverse title or interest as against other cotenant, 85 A.L.R. 1535.

Time during which dominant and servient tracts were in same ownership or under same control as excluded or included in determining easement by prescription, 98 A.L.R. 591.

Sufficiency of compliance, as regards payment of taxes, with limitation statute requiring payment of taxes as a condition of adverse possession, 132 A.L.R. 216.

Adverse possession by religious society, 4 A.L.R.2d 123.

Tacking adverse possession of area not within description of deed or contract, 17 A.L.R.2d 1128.

Adverse possession: sufficiency, as regards continuity, of seasonal possession other than for agricultural or logging purposes, 24 A.L.R.2d 632.

Acquisition of title to ground through adverse possession by cemetery or graveyard authorities, 41 A.L.R.2d 925.

Adverse possession of executor or administrator or his vendee as continuous with that of ancestor and heirs, 43 A.L.R.2d 1061.

Acquisition by user or prescription of right of way over unenclosed land, 46 A.L.R.2d 1140.

Acquisition by adverse possession or use of public property held by municipal corporation or other governmental unit otherwise than for streets, alleys, parks, or common, 55 A.L.R.2d 554.

Easement by prescription in artificial drains, pipes, or sewers, 55 A.L.R.2d 1144.

Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 A.L.R.2d 1095.

Adverse possession involving ignorance or mistake as to boundaries - modern views, 80 A.L.R.2d 1171.

Use of property by public as affecting acquisition of title by adverse possession, 56 A.L.R.3d 1182.

Adverse possession between cotenants who are unaware of cotenancy, 27 A.L.R.4th 420.

Presumptions and evidence respecting identification of land on which property taxes were paid to establish adverse possession, 36 A.L.R.4th 843.

Grazing of livestock, gathering of natural crop, or cutting of timber by record owner as defeating exclusiveness or continuity of possession by one claiming title by adverse possession, 39 A.L.R.4th 1148.

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