2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-165. How Actual Possession of Lands Evidenced

Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company. This Code section shall not be applied to adverse claims of aboveground utilities which have been initiated but which have not vested prior to July 1, 2008; provided, however, that a railroad corporation or railroad company shall not be precluded from enforcing rights of ownership against any adverse claims which have not vested.

(Orig. Code 1863, § 2639; Code 1868, § 2638; Code 1873, § 2680; Code 1882, § 2680; Civil Code 1895, § 3585; Civil Code 1910, § 4165; Code 1933, § 85-403; Ga. L. 2008, p. 210, § 4/HB 1283.)

The 2008 amendment, effective July 1, 2008, added the last three sentences.

- Ga. L. 2008, p. 210, § 1, not codified by the General Assembly, provides: "(a) The General Assembly finds that the railroads and their rights of way in Georgia:

"(1) Are essential to the continued viability of this state;

"(2) Are valuable resources which must be preserved and protected;

"(3) Are essential for the economic growth and development of this state;

"(4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials;

"(5) Relieve congestion on the highways and keep dangerous products and materials off our highways;

"(6) Are vital for national defense and national security; and

"(7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption.

"(b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago."

ANALYSIS

• General Consideration
• Actual Possession

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 10 et seq., 296 et seq.

- 2 C.J.S., Adverse Possession, § 34 et seq.

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

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

Interval between crops as affecting continuity of adverse possession, 76 A.L.R. 1492.

Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.

Length of period of possession before accrual of rights of person sought to be affected by notice as affecting the rule regarding constructive notice from possession of real property, 105 A.L.R. 892.

Purchase of, or offer to purchase or to settle, outstanding title, interest, or claim as interrupting continuity of adverse possession as regards another title, interest, or claim, 125 A.L.R. 825.

Cutting of timber as adverse possession, 170 A.L.R. 887.

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 mines or minerals by adverse possession, 35 A.L.R.2d 124.

Grantor's possession as adverse possession against grantee, 39 A.L.R.2d 353.

Adverse possession based on encroachment of building or other structure, 2 A.L.R.3d 1005.

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

Grazing of livestock or gathering of natural crop as fulfilling traditional elements of adverse possession, 48 A.L.R.3d 818.