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 shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.
History. Laws 1767, Cobb’s 1851 Digest, p. 559.; Laws 1805, Cobb’s 1851 Digest, p. 563.; Ga. L. 1851-52, p. 238, § 1; Ga. L. 1855-56, p. 233, § 1; Code 1863, § 2642; Code 1868, § 2641; Code 1873, § 2683; Code 1882, § 2683; Civil Code 1895, § 3589; Civil Code 1910, § 4169; Code 1933, § 85-407; Ga. L. 1982, p. 3, § 44.
Cross references.
Surveying and marking boundary lines of property possessed under claim of right for more than seven years, § 44-4-7.
Law reviews.
For article, “Some Aspects of the Law of Easements,” see 9 Ga. St. B.J. 287 (1973).
For article surveying real property law, see 34 Mercer L. Rev. 255 (1982).
For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-160. Nature of Title by Prescription
§ 44-5-161. Adverse Possession; Effect of Permissive Possession
§ 44-5-162. Effect of Fraud on Prescription
§ 44-5-163. When Adverse Possession for 20 Years Confers Title
§ 44-5-164. When Adverse Possession for Seven Years Confers Title
§ 44-5-165. How Actual Possession of Lands Evidenced
§ 44-5-167. Extent of Constructive Possession Under Deed; Judicial Notice
§ 44-5-168. Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title
§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife
§ 44-5-170. Effect of Disabilities on Commencement of Prescription
§ 44-5-171. Effect of Intervening Disabilities; Tacking
§ 44-5-172. Tacking of Successive Possessions
§ 44-5-173. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions
§ 44-5-174. Tacking of Prior Possession Originating in Fraud
§ 44-5-175. Prescription Involving Incorporeal Rights
§ 44-5-176. Effect on Prescription of Notice of Instrument Creating a Lien