2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-163. When Adverse Possession for 20 Years Confers Title

Universal Citation: GA Code § 44-5-163 (2020)

Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170.

(Laws 1767, Cobb's 1851 Digest, p. 560; Code 1863, § 2641; Code 1868, § 2640; Code 1873, § 2682; Code 1882, § 2682; Civil Code 1895, § 3588; Civil Code 1910, § 4168; Code 1933, § 85-406.)

Cross references.

- Surveying and marking boundary lines of property possessed under claim of right for more than seven years, § 44-4-7.

Presumption of grant from state upon 20 years' possession of land under claim of right, § 44-5-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 1 et seq., 7, 13 et seq., 42, 50.

C.J.S.

- 2 C.J.S., Adverse Possession, §§ 66, 200 et seq.

ALR.

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

May adverse possession be predicated upon use or occupancy by one spouse of real property of other, 74 A.L.R. 138.

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.

Adoption as period of prescription for easement the period prescribed by statute of limitations with reference to adverse possession as including condition of color of title or right or other conditions imposed by that statute, 112 A.L.R. 545.

Adverse possession as affected by attempt during period thereof to change, or make more specific, the tract claimed, 115 A.L.R. 1299.

Time when statute of limitations or period of adverse possession of real estate commences to run against or in favor purchaser at judicial sale, 118 A.L.R. 946.

Adverse possession: mortgagee's possession before foreclosure as barring right of redemption, 7 A.L.R.2d 1131.

Acquisition of title to mines or minerals by adverse possession, 35 A.L.R.2d 124.

Possession of mortgagor or successor in interest as adverse to purchaser at foreclosure sale, 38 A.L.R.2d 348.

Adverse possession of landlord as affected by tenant's recognition of title of third person, 38 A.L.R.2d 826.

Adverse possession under parol gift of land, 43 A.L.R.2d 6.

Title by or through adverse possession as marketable, 46 A.L.R.2d 544.

Tax sales or forfeitures by or to governmental units as interrupting adverse possession, 50 A.L.R.2d 600.

Acquisition of title to land by adverse possession by state or other governmental unit or agency, 18 A.L.R.3d 678.

Owner's surveying of land as entry thereon tolling running of statute of limitations for purposes of adverse possession, 76 A.L.R.3d 1202.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.