Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted.
History. Civil Code 1895, § 3931; Civil Code 1910, § 4528; Code 1933, § 85-408.
History of Code section.
This Code section is derived from the decision in Broome v. Davis, 87 Ga. 584 , 13 S.E. 749 (1891).
Cross references.
Gender-neutral statutory construction, § 1-3-1 .
Law reviews.
For comment on NeSmith v. Calder, 163 Ga. 4 , 135 S.E. 67 (1926), see 1.Ga. L. Rev. No. 1 P. 49 (1927).
For comment on Wren v. Wren, 199 Ga. 851 , 36 S.E.2d 77 (1945), see 9 Ga. B.J. 88 (1946).
For article, “Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,” see 15 (No. 5) Ga. St. B.J. 12 (2010).
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