§ 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. […]
§ 44-5-165. 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, […]
§ 44-5-167. Extent of Constructive Possession Under Deed; Judicial Notice
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 […]
§ 44-5-168. Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title
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 […]
§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife
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 […]