2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife
Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted.
(Civil Code 1895, § 3931; Civil Code 1910, § 4528; Code 1933, § 85-408.)
Cross references.- Gender-neutral statutory construction, § 1-3-1.
Law reviews.- For article, "Noticing the Bankruptcy Sale: The Purchased Property May Not Be as 'Free and Clear of All Liens, Claims and Encumberances' as You Think," see 15 (No. 5) Ga. St. B.J. 12 (2010). For comment on NeSmith v. Calder, 163 Ga. 4, 135 S.E. 67 (1926), see 1 Ga. L. Rev. No. 1 P. 49 (1927). For comment on Wren v. Wren, 199 Ga. 851, 36 S.E.2d 77 (1945), see 9 Ga. B.J. 88 (1946).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Possession of Land as Notice
- Genuine Issue of Fact
- Gifts
- Husband and Wife
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Adverse Possession, §§ 15, 17 et seq., 41, 42, 62 et seq., 154.
C.J.S.- 2 C.J.S., Adverse Possession, §§ 55, 56. 41 C.J.S., Husband and Wife, §§ 30, 31, 41.
ALR.
- Writing as essential to color of title in adverse occupant of land, 2 A.L.R. 1457.
Right of wife to exclude husband from possession, use, or enjoyment of family residence or homestead owned by her, 21 A.L.R. 745.
Dower as affected by adverse possession, 41 A.L.R. 1115.
Presumption of ownership of personal property as between husband and wife, 111 A.L.R. 1374.
Possession of land by cotenant after acquisition of interest of another cotenant as notice to subsequent purchaser from or creditor of latter, 162 A.L.R. 209.
Occupancy of premises by both record owner and another as notice of title or interest of latter, 2 A.L.R.2d 857.
Possession of real property by tenant as charging another purchaser with notice of tenant's agreement with owner-landlord to purchaser of property, 37 A.L.R.2d 1112.
