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:
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.
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.
(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.
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.