Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of time fixed by law. History. Orig. Code 1863, § 2637; Code 1868, § 2636; Code 1873, § 2678; Code 1882, § 2678; Civil Code 1895, § 3583; Civil Code 1910, § […]
In order for possession to be the foundation of prescriptive title, it: Must be in the right of the possessor and not of another; Must not have originated in fraud except as provided in Code Section 44-5-162; Must be public, continuous, exclusive, uninterrupted, and peaceable; and Must be accompanied by a claim of right. Permissive […]
In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal. When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered. History. Civil Code 1895, § […]
Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170. History. Laws 1767, Cobb’s 1851 Digest, p. 560.; Code 1863, […]
Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written […]
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 […]
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, […]
Possession under a duly recorded deed shall be construed to extend to all the contiguous property embraced in such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad […]
Whenever mineral rights are conveyed or whenever real property is conveyed in fee simple but the mineral rights to such property are reserved by the grantor, the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the […]
Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted. History. Civil Code 1895, § 3931; Civil Code 1910, § 4528; Code 1933, § 85-408. History of Code section. This Code […]
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 […]
Prescription shall not run against persons under disability during the period of the disability. Upon removal of the disability the prior possession may be tacked or added to the subsequent possession to make out the prescription. History. Orig. Code 1863, § 2646; Code 1868, § 2645; Code 1873, § 2687; Code 1882, § 2687; Civil […]
An inchoate prescriptive title may be transferred by a person in possession to his successor so that successive possessions may be tacked to make out the prescription. History. Orig. Code 1863, § 2648; Code 1868, § 2647; Code 1873, § 2689; Code 1882, § 2689; Civil Code 1895, § 3598; Civil Code 1910, § 4178; […]
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 […]
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. […]
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 […]
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 […]
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. […]
