§ 44-5-172. Tacking of Successive Possessions
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; […]
§ 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. […]
§ 44-5-160. Nature of Title by Prescription
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, § […]
§ 44-5-161. Adverse Possession; Effect of Permissive Possession
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 […]
§ 44-5-162. Effect of Fraud on Prescription
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, § […]
§ 44-5-163. When Adverse Possession for 20 Years Confers Title
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, […]
§ 44-5-164. When Adverse Possession for Seven Years Confers Title
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 […]