The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a rebuttable presumption of a gift and conveys title to the child. The presumption may be rebutted by evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, of a disclaimer of title by the child, or similar evidence.
History. Orig. Code 1863, § 2622; Code 1868, § 2622; Code 1873, § 2664; Code 1882, § 2664; Civil Code 1895, § 3571; Civil Code 1910, § 4151; Code 1933, § 48-106; Ga. L. 1998, p. 1304, § 1.
Law reviews.
For comment on Harper v. Hudson, 210 Ga. 751 , 82 S.E.2d 854 (1954), see 17 Ga. B.J. 391 (1955).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-80. Criteria for Making Valid Inter Vivos Gift
§ 44-5-81. When Acceptance Presumed; Acceptance for Minors and Corporations
§ 44-5-82. Delivery; Constructive Delivery
§ 44-5-86. Gifts by Person Subject to Undue Influence; Avoidance
§ 44-5-87. Implied Trust on Failure of Specific Purpose for Which Gift Made
§ 44-5-88. Gifts Void Against Creditors and Bona Fide Purchasers
§ 44-5-89. Donation of Blood by Persons Over 17 Years of Age