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  1. #1
    Join Date
    Jul 2011
    Location
    Atlanta, GA
    Posts
    2

    Question Adverse Property Possesion in Georgia

    My question involves a foreclosure in the State of: Georgia

    I am trying to get a sound understanding on Adverse Possession. I have read the GA laws and know that it takes 7 years amoung other things. But here is where I need clarification: How does one choose a home to Adversly Possess? How does one gain entry to the property? How does one make sure it is public, and continuous as the law states, yet not have the previous owners permission?

    Please Help

  2. #2
    Join Date
    Jan 2006
    Posts
    25,787

    Default Re: Adverse Property Possesion in Georgia

    adverse possession is not intended to assist a person to attempt to steal a house. It was brought about by situations where property was utilized by a person either with the belief it was actually theirs to do so or the land was not utilized by anybody for an extended period of time and was essentially being wasted.

    but to give you a little less hope that you can steal another's home:

    In Georgia, the seven year period applies ONLY if the possession is under the color of title. That is, you were somehow conveyed title and it ended up not be a legal transfer.

    To make a claim without color of title, it requires possession of 20 years

    but even worse, even with the 20 year period, there are some other requirements:
    44-5-163
    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.
    44-5-161

    (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.
    that "must be accompanied by a claim of right" is really hard to do since basically, unless you believe you have a legal claim to the property, you cannot fulfill the requirement. Kind of makes your plan impossible to complete.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jul 2011
    Location
    Atlanta, GA
    Posts
    2

    Default Re: Adverse Property Possesion in Georgia

    Thank you for your information. I was not desiring to steal anything. I just couldn not understand how one gains entry to a home to even begin the adverse possession to begin with.

  4. #4
    Join Date
    Jan 2006
    Posts
    25,787

    Default Re: Adverse Property Possesion in Georgia

    [QUOTE=JThree528;540720 I just couldn not understand how one gains entry to a home to even begin the adverse possession to begin with.[/QUOTE]that is called breaking and entering. Then, attempting to take another's property without permission is stealing.

    Go buy your own house. Then let me know where you live so I can come take possession of your house. Then tell me it isn't stealing.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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