Georgia Statutes
§ 44-5-161 — Adverse possession; effect of permissive possession
Georgia § 44-5-161
JurisdictionGeorgia
Title44
This text of Georgia § 44-5-161 (Adverse possession; effect of permissive possession) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 44-5-161 (2026).
Text
(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.
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Nearby Sections
15
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Bluebook (online)
Georgia § 44-5-161, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-5-161.