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Adverse Possession Laws in Georgia

In Georgia, adverse possession (prescription) takes 20 years, or 7 years under written evidence of title, and a 2024 law created the crime of unlawful squatting and moved intruder cases to magistrate court.

Last checked . General information, not legal advice.

Georgia at a glance

Standard period
20 years
With color of title
7 years
Requires possession under written evidence of title.
Property taxes required
No
The statutory elements are public, continuous, exclusive, uninterrupted and peaceable possession with a claim of right; taxes are not listed.
Squatter removal law
Yes, intruder affidavit and squatting crime (2024)
An owner swears an affidavit; if the occupant files a counteraffidavit, the magistrate court decides. HB 1017 (2024) also lets police cite a squatter, who has 3 business days to show papers.

Sources

Last checked

The rules in Georgia

How many years of possession are required for adverse possession in Georgia?

Standard period in Georgia: 20 years.

Is the adverse possession period shorter with color of title in Georgia?

With color of title in Georgia: 7 years. Requires possession under written evidence of title.

Does the occupant have to pay property taxes to claim adverse possession in Georgia?

No. Property taxes required in Georgia: no. The statutory elements are public, continuous, exclusive, uninterrupted and peaceable possession with a claim of right; taxes are not listed.

Does Georgia have a special law for removing squatters?

Yes, intruder affidavit and squatting crime (2024). Squatter removal law in Georgia: yes, intruder affidavit and squatting crime (2024). An owner swears an affidavit; if the occupant files a counteraffidavit, the magistrate court decides. HB 1017 (2024) also lets police cite a squatter, who has 3 business days to show papers.

Where do the Georgia adverse possession laws come from?

The rules above come from Ga. Code 44-5-161, Ga. Code 44-5-163, Ga. Code 44-5-164, Ga. Code 44-11-30, Ga. Code 44-11-32 and Ga. Code 16-7-21.1. Each source is linked on this page. We last checked them in October 2026.

Good to know

HB 1017 (2024) took effect on the Governor's approval and added O.C.G.A. 16-7-21.1 (unlawful squatting, a misdemeanor).

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.