2022 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-161. Adverse Possession; Effect of Permissive Possession
- In order for possession to be the foundation of prescriptive title, it:
- Must be in the right of the possessor and not of another;
- Must not have originated in fraud except as provided in Code Section 44-5-162;
- Must be public, continuous, exclusive, uninterrupted, and peaceable; and
- Must be accompanied by a claim of right.
- Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.
History. Ga. L. 1851-52, p. 238, § 2; Code 1863, § 2638; Code 1868, § 2637; Code 1873, § 2679; Code 1882, § 2679; Civil Code 1895, § 3584; Civil Code 1910, § 4164; Code 1933, § 85-402.
Cross references.
Adverse possession against cotenant, § 44-6-123 .
Obtaining private ways through adverse possession, §§ 44-9-1 , 44-9-54 , 44-9-55 .
Law reviews.
For annual survey of real property law, see 35 Mercer L. Rev. 257 (1983).
For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005).
For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
For article with annual survey on real property, see 73 Mercer L. Rev. 217 (2021).
For note, “For Sale — One Level 5 Barbarian for 94,800 Won: The International Effects of Virtual Property and the Legality of Its Ownership,” see 37 Ga. J. Int’l & Comp. L. 381 (2009).
