2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-164. When Adverse Possession for Seven Years Confers Title

Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven 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, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.

(Laws 1767, Cobb's 1851 Digest, p. 559; Laws 1805, Cobb's 1851 Digest, p. 563; Ga. L. 1851-52, p. 238, § 1; Ga. L. 1855-56, p. 233, § 1; Code 1863, § 2642; Code 1868, § 2641; Code 1873, § 2683; Code 1882, § 2683; Civil Code 1895, § 3589; Civil Code 1910, § 4169; Code 1933, § 85-407; Ga. L. 1982, p. 3, § 44.)

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

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 1 et seq., 11, 13, 123 et seq.

- 2 C.J.S., Adverse Possession, §§ 200 et seq., 208.

- 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.

Adverse possession or prescription in respect to burial lot, 107 A.L.R. 1294.

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.

Scope and application of the doctrine that one cannot successfully claim adverse possession under color of title where one has deprived himself or been deprived of the color relied on, 136 A.L.R. 1349.

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

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

Judgment or decree as constituting color of title, 71 A.L.R.2d 404.

Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.

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.