Georgia Code, Title 44, Chapter 5, Article 7 - Prescription

• § 44-5-160 - Nature of Title by Prescription
  Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of...
• § 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...
• § 44-5-162 - Effect of Fraud on Prescription
  (a) In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive...
• § 44-5-163 - When Adverse Possession for 20 Years Confers Title
  Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by...
• § 44-5-164 - When Adverse Possession for Seven Years Confers Title
  Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years...
• § 44-5-165 - How Actual Possession of Lands Evidenced
  Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to...
• § 44-5-166 - Constructive Possession of Lands; Effect of Constructive Possession of Same Land by Adjacent Owners
  (a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only...
• § 44-5-167 - Extent of Constructive Possession Under Deed; Judicial Notice
  Possession under a duly recorded deed shall be construed to extend to all the contiguous property embraced in such deed. To the extent that...
• § 44-5-168 - Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title
  (a) Whenever mineral rights are conveyed or whenever real property is conveyed in fee simple but the mineral rights to such property are reserved...
• § 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...
• § 44-5-170 - Effect of Disabilities on Commencement of Prescription
  Prescription shall not run against the rights of a minor during his or her minority, a person incompetent by reason of mental illness or...
• § 44-5-171 - Effect of Intervening Disabilities; Tacking
  Prescription shall not run against persons under disability during the period of the disability. Upon removal of the disability the prior possession may be...
• § 44-5-172 - Tacking of Successive Possessions
  An inchoate prescriptive title may be transferred by a person in possession to his successor so that successive possessions may be tacked to make...
• § 44-5-173 - Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions
  (a) Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years.(b) Prescription shall not...
• § 44-5-174 - Tacking of Prior Possession Originating in Fraud
  In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession...
• § 44-5-175 - Prescription Involving Incorporeal Rights
  An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of...
• § 44-5-176 - Effect on Prescription of Notice of Instrument Creating a Lien
  Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt,...
• § 44-5-177 - Adverse Possession of Personal Property
  Possession of personal property in conformance with the requirements of Code Section 44-5-161 for a period of four years confers title to the property...

Last modified: October 14, 2016