(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 NextLast modified: October 14, 2016