If two persons claim to have actual possession of the same land, the person having legal title shall be deemed to be in possession and the other person shall be considered a trespasser.
History. Orig. Code 1863, § 2959; Code 1868, § 2966; Code 1873, § 3017; Code 1882, § 3017; Civil Code 1895, § 3878; Civil Code 1910, § 4474; Code 1933, § 105-1405.
Structure Georgia Code
Chapter 9 - Injuries to Real Estate
§ 51-9-1. Cause of Action for Interference With Enjoyment of Property
§ 51-9-2. Recovery of Possession of Lands; Damages
§ 51-9-3. Recovery for Wrongful Interference With Possession of Land
§ 51-9-4. Action for Trespass by Person Having Title
§ 51-9-5. Effect of Holding Title When Possession Claimed by Two Persons
§ 51-9-6. Damages for Continuing Trespass
§ 51-9-7. Diversion, Obstruction, or Pollution of Stream as Trespass
§ 51-9-8. Interference With Underground Streams
§ 51-9-9. Interference With Rights of Owner Above and Below Surface of Property
§ 51-9-10. Interference With Right of Way or Right of Common