2022 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-166. Constructive Possession of Lands; Effect of Constructive Possession of Same Land by Adjacent Owners
- Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of such tract. In such case, his or her possession shall be construed to extend to the boundary of such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended; 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.
- When land is included in the boundaries of more than one tract so that adjacent owners are in constructive possession of the same land, no prescription shall arise in favor of any of such owners.
History. Orig. Code 1863, § 2640; Code 1868, § 2639; Code 1873, § 2681; Code 1882, § 2681; Civil Code 1895, § 3586; Civil Code 1910, § 4166; Code 1933, § 85-404; Ga. L. 2008, p. 210, § 5/HB 1283.
The 2008 amendment, effective July 1, 2008, in subsection (a), substituted “such” for “the” twice, in the second sentence, deleted “a” preceding “case,”, inserted “or her”, and added the last two sentences.
Editor’s notes.
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.”
