Squatters Rights Georgia Summary
Statutory Period
7 years with color of title or 20 years without color of title
Primary Statute
Georgia Code § 44-5-161 to § 44-5-177
Additional Requirements
- Public, continuous, exclusive, uninterrupted, and peaceable possession
- Possession in the right of the possessor and not of another
- Possession must not have originated in fraud
- Possession must be accompanied by a claim of right
- Payment of property taxes (generally expected but not explicitly required by statute)
Squatters Rights 30 Days Georgia
Origins of the 30-Day Myth in Georgia
- Confusion with tenant laws: Georgia's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory periods for adverse possession in Georgia are 7 years (with color of title) or 20 years (without color of title), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through Georgia's court system may create the impression that squatters have legal rights after a short period.
Georgia's 2025 Squatter Removal Process
Georgia law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Georgia's criminal trespass laws (O.C.G.A. § 16-7-21)
- For situations requiring court action, Georgia offers a dispossessory proceeding (O.C.G.A. § 44-7-50)
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Georgia maintains strong property owner protections against unauthorized occupants
Important 2025 Update: Georgia continues to maintain its dual-track system for adverse possession with 7 years required for claims with color of title and 20 years for claims without color of title. Georgia courts have consistently upheld the requirement that possession must be actual, open, notorious, exclusive, continuous, and under claim of right. The state has also clarified that law enforcement can intervene in clear cases of trespassing. For actual adverse possession in Georgia, a claimant must occupy the property for either 7 or 20 years depending on circumstances, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Georgia
Key information about squatter's rights in Georgia
Georgia has a two-tiered system of adverse possession with distinct time requirements based on whether the possessor has color of title. The state also has a unique "wild lands doctrine" that makes adverse possession of undeveloped land more difficult to establish.
Dual-Track Statutory Time Requirements
Georgia offers two different paths to establish adverse possession:
- 7 years: With color of title (O.C.G.A. § 44-5-164)
- 20 years: Without color of title (O.C.G.A. § 44-5-163)
Both paths require that the possession meet all the requirements in O.C.G.A. § 44-5-161.
Reference: Official Code of Georgia Annotated
Common Law Elements
To establish adverse possession in Georgia, the following elements must be proven (O.C.G.A. § 44-5-161):
- Public: Openly visible occupation
- Continuous: Without significant interruption
- Exclusive: Not shared with others including the true owner
- Uninterrupted: Not disturbed by legal action or owner intervention
- Peaceable: Without force or violence
- In the right of the possessor: Not as an agent of someone else
- With claim of right: Assertion of ownership
- Not originating in fraud: Honest belief in right to possess
Georgia's Wild Lands Doctrine
Georgia has a unique doctrine regarding undeveloped or "wild" lands:
- For undeveloped, remote, or "wild" lands, actual possession is more difficult to establish
- Occasional or seasonal activities like hunting, fishing, or timber cutting are generally insufficient
- Courts require more substantial evidence of possession for wild lands than for developed property
- The doctrine recognizes that owners of wild or undeveloped lands may not visit them regularly
- This doctrine provides added protection to owners of undeveloped land in Georgia
This distinctive feature of Georgia law makes adverse possession of undeveloped rural property particularly challenging.
Georgia Adverse Possession Statutes
O.C.G.A. § 44-5-161. Adverse possession; possession as foundation of title; elements of adverse possession
(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.
O.C.G.A. § 44-5-163. Adverse possession for 20 years gives 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 or persons laboring under the disabilities stated in Code Section 44-5-170.
O.C.G.A. § 44-5-164. Possession under written evidence of title; 7 years' adverse possession gives 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 or persons laboring under the disabilities stated in Code Section 44-5-170.
O.C.G.A. § 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.
O.C.G.A. § 44-5-166. Constructive possession of lands; effect of constructive possession of same land by more than one person
(a) Constructive possession of lands exists where a person having paper title to a tract of land is in actual possession of only a part of such tract. In such a case, the law construes the possession to extend to the boundary of the tract.
(b) If actual possession by different persons of parts of the same tract of land under competing claims of title exists, the constructive possession shall be considered to extend to the boundary of the tract as to which there is no actual possession by another claimant.
Important Legal Notes
- Georgia's adverse possession laws establish a dual-track system with different time requirements based on whether the possessor has color of title.
- Under Georgia law, written evidence of title (color of title) reduces the required possession period from 20 years to 7 years.
- Georgia courts have interpreted "claim of right" to mean that the possessor must honestly believe they have a right to the property.
- The "wild lands doctrine" in Georgia creates a higher standard for establishing adverse possession of undeveloped rural property.
- Georgia law specifically protects persons with legal disabilities (minors, mentally incompetent individuals) from losing property through adverse possession until the disability is removed.
Key Georgia Adverse Possession Cases
Dyal v. Sanders (2014)
The Georgia Court of Appeals clarified that under Georgia's "wild lands doctrine," occasional use such as hunting, fishing, or timber cutting on undeveloped rural property is generally insufficient to establish the actual possession required for adverse possession. The court emphasized that more substantial evidence of possession is required for wild lands than for developed property, reinforcing Georgia's heightened standards for claiming undeveloped rural property by adverse possession.
Cooley v. McRae (2010)
The Georgia Supreme Court addressed the "claim of right" requirement, holding that it requires an honest belief that the possessor owns the property, though the belief may be mistaken. The court ruled that possession that began with the acknowledgment that title was in another (permissive use) cannot be the foundation of a prescription until an adverse claim and actual notice is given to the other party, as stated in O.C.G.A. § 44-5-161(b).
Walker v. Sapelo Island Heritage Authority (2005)
This significant case addressed adverse possession claims against land held by a public authority. The Georgia Supreme Court confirmed that land held by the state or its political subdivisions for public purposes cannot be adversely possessed, reinforcing the statutory protection of public lands from adverse possession claims in Georgia.
Kelley v. Randolph (2012)
This boundary dispute case established important precedent regarding "tacking" of possession periods. The Georgia Court of Appeals ruled that successive periods of possession by different occupants may be "tacked" together to meet the statutory time requirement if there is privity between the successive occupants (such as by deed, will, or other transfer). The court emphasized that without such privity, each possessor's time starts anew.
Georgia Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Georgia, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 7-year requirement under O.C.G.A. § 44-5-164 (with written evidence of title), OR
- 20-year requirement under O.C.G.A. § 44-5-163 (without written evidence of title)
- Demonstrate that possession was public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a claim of right
- Present evidence such as witness testimony, photographs, surveys, documentation of improvements, and potentially tax receipts
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county clerk's office to establish clear title to the property.
Defending Against Squatters
Georgia property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the statutory period expires
- For undeveloped or "wild" lands, conducting periodic inspections and maintaining records of these visits
- Documenting property visits and inspections with photographs and written records
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Georgia provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Georgia's criminal trespass laws (O.C.G.A. § 16-7-21).
- Dispossessory Proceeding: This is Georgia's process for removing unauthorized occupants:
- File a dispossessory affidavit with the magistrate court of the county where the property is located (O.C.G.A. § 44-7-50)
- The court will issue a summons requiring the occupant to respond within 7 days
- Attend the hearing (typically scheduled promptly)
- If successful, obtain a writ of possession
- Have the sheriff execute the writ to remove the squatters
- Ejectment Action: For more complex cases where ownership is disputed, an ejectment action in superior court may be necessary (O.C.G.A. § 44-11-1).
Important: Georgia law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Georgia to claim adverse possession?
In Georgia, there are two timeframes for adverse possession: 7 years if the claimant has written evidence of title (color of title), or 20 years if they do not have color of title. In both cases, the possession must be public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a claim of right. The "30-day squatter's rights" claim is completely false - no one can gain ownership rights to your property after just 30 days of occupation.
What is Georgia's "wild lands doctrine" and how does it affect adverse possession?
Georgia's "wild lands doctrine" creates a higher standard for establishing adverse possession of undeveloped rural property. The doctrine recognizes that owners of wild or undeveloped lands may not visit them regularly, so occasional activities like hunting, fishing, or timber cutting are generally insufficient to establish adverse possession. Courts require more substantial evidence of possession for wild lands than for developed property, providing additional protection to owners of undeveloped land in Georgia.
What constitutes "written evidence of title" in Georgia's adverse possession law?
In Georgia, "written evidence of title" (also called color of title) refers to a document that appears to give the possessor ownership rights to the property but contains some legal defect. This might include a deed, will, or other instrument that purports to convey title but is defective in some way. Having written evidence of title reduces the required adverse possession period from 20 years to 7 years in Georgia, assuming all other requirements are met.
Can I legally remove squatters from my property in Georgia?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request law enforcement assistance under Georgia's criminal trespass laws (O.C.G.A. § 16-7-21). In other cases, you must use Georgia's dispossessory proceeding (O.C.G.A. § 44-7-50), similar to an eviction process. "Self-help" methods like changing locks or cutting off utilities are illegal in Georgia and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Georgia?
No. Georgia law specifically exempts land owned by the state of Georgia, the federal government, counties, cities, and other public entities from adverse possession claims when the land is held for public purposes. This protection is explicitly stated in O.C.G.A. § 44-5-163 and § 44-5-164, which exclude "the state" from those against whom adverse possession can be claimed, and has been confirmed by Georgia courts in cases such as Walker v. Sapelo Island Heritage Authority.
How does Georgia's "permissive possession" rule work?
Under O.C.G.A. § 44-5-161(b), "permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party." This means that if someone is using your property with your permission (explicitly or implicitly), they cannot later claim adverse possession without first clearly notifying you that they are now claiming ownership adverse to your rights. This provides important protection to property owners who allow others to use their land.