Georgia Statutes

§ 44-5-162 — Effect of fraud on prescription

Georgia § 44-5-162

This text of Georgia § 44-5-162 (Effect of fraud on prescription) 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. § 44-5-162 (2026).

Text

(a)In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal.
(b)When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered.

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Related

McBee v. Aspire at West Midtown Apartments
807 S.E.2d 455 (Supreme Court of Georgia, 2017)
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Gurley v. East Atlanta Land Co., Inc.
583 S.E.2d 866 (Supreme Court of Georgia, 2003)
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Goodrum v. Goodrum
657 S.E.2d 192 (Supreme Court of Georgia, 2008)
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Tarbutton v. All that Tract or Parcel of Land
641 F. Supp. 521 (M.D. Georgia, 1986)
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ASPIRE AT WEST MIDTOWN APARTMENTS, L.P. v. McBEE
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McBEE v. ASPIRE AT WEST MIDTOWN APARTMENTS, L.P
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Bluebook (online)
Georgia § 44-5-162, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-5-162.