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Georgia Code Title 44. Property § 44-5-161

Current as of March 28, 2024 | Updated by FindLaw Staff

(a) In order for possession to be the foundation of prescriptive title, it:

(1) Must be in the right of the possessor and not of another;

(2) Must not have originated in fraud except as provided in Code Section 44-5-162;

(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and

(4) Must be accompanied by a claim of right.

(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.

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Cite this article: FindLaw.com - Georgia Code Title 44. Property § 44-5-161 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-5-161.html

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