§ 44-5-173. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions
Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years. Prescription shall not run against a joint title which cannot be severally enforced or where any of the joint owners labor under one of the disabilities specified in Code Section 44-5-170. Prescription shall not run […]
§ 44-5-174. Tacking of Prior Possession Originating in Fraud
In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession of a grantor whose possession originated through fraud against the true owner. History. Civil Code 1895, § 3596; Civil Code 1910, § 4176; Code 1933, § 85-415. History of Code section. […]
§ 44-5-175. Prescription Involving Incorporeal Rights
An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription. History. Civil Code 1895, § 3590; Civil Code 1910, § 4170; Code 1933, § 85-409. History of Code section. This Code section is derived from […]
§ 44-5-176. Effect on Prescription of Notice of Instrument Creating a Lien
Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt, or any other instrument creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or constructive […]
§ 44-5-177. Adverse Possession of Personal Property
Possession of personal property in conformance with the requirements of Code Section 44-5-161 for a period of four years confers title to the property by prescription. No prescription arises if the property is concealed, is removed from the state, or is otherwise not subject to reclamation. History. Laws 1847, Cobb’s 1851 Digest, p. 569; Ga. […]
§ 44-5-210. Lien of State for Costs of Prosecution
The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him. History. Orig. Code 1863, § 2634; Code 1868, § 2634; Code 1873, § 2675; Code 1882, § 2675; Civil Code 1895, § 3581; Civil Code 1910, § 4161; Code 1933, § 85-1109. Cross […]
§ 44-5-211. Forfeiture of Abandoned Cemetery Lots; Proceedings for Reclamation and Subsequent Sale; Disposition of Proceeds
As used in this Code section, the term “lot” means any lot or portion of a lot in a cemetery owned by a county, municipality, or consolidated government which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was […]
§ 44-5-230. Dedication of Lands to Public Use
After an owner dedicates land to public use either expressly or by his actions and the land is used by the public for such a length of time that accommodation of the public or private rights may be materially affected by interruption of the right to use such land, the owner may not afterwards appropriate […]
§ 44-5-165. How Actual Possession of Lands Evidenced
Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July […]
§ 44-5-166. Constructive Possession of Lands; Effect of Constructive Possession of Same Land by Adjacent Owners
Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of such tract. In such case, his or her possession shall be construed to extend to the boundary of such tract. With respect to a railroad corporation or railroad company, […]