Georgia Code § 44-5-161 - Adverse Possession; Effect of Permissive Possession

(a) In order for possession to be the foundation of prescriptive title, it:

(1) Must be in the right of the possessor and not of another;

(2) Must not have originated in fraud except as provided in Code Section 44-5-162;

(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and

(4) Must be accompanied by a claim of right.

(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.

Section: 44-5-160  44-5-161  44-5-162  44-5-163  44-5-164  44-5-165  44-5-166  44-5-167  44-5-168  44-5-169  44-5-170  44-5-171  44-5-172  44-5-173  44-5-174  Next

Last modified: October 14, 2016