Prescription shall not run against the rights of a minor during his or her minority, a person incompetent by reason of mental illness or intellectual disability so long as the mental illness or intellectual disability lasts, or a person imprisoned during his or her imprisonment. After any such disability is removed, prescription shall run against the person holding a claim to realty or personalty.
History. Laws 1767, Cobb’s 1851 Digest, p. 559; Ga. L. 1855-56, p. 233, § 19; Code 1863, § 2645; Code 1868, § 2644; Code 1873, § 2686; Code 1882, § 2686; Civil Code 1895, § 3593; Civil Code 1910, § 4173; Code 1933, § 85-411; Ga. L. 2015, p. 385, § 4-9/HB 252.
The 2015 amendment, effective July 1, 2015, in the first sentence, inserted “or her” twice, substituted “intellectual disability so” for “retardation as”, and substituted “intellectual disability” for “retardation”.
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’
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