Adverse Possession

Thrift McLemore’s Atlanta real estate attorneys help property owners and investors across Georgia understand their rights, resolve boundary disputes, and protect their Georgia property from adverse possession claims.

It sounds strange, but under Georgia law, it’s possible for someone to legally gain ownership of land that isn’t theirs. They don’t have to buy it, inherit it, or even get permission. This process is called adverse possession, and it can cause real problems for property owners who aren’t paying attention.

Adverse possession comes from an old English law meant to encourage people to use and care for their land. The basic idea was that land shouldn’t sit neglected while someone else maintains or improves it. Today, the law still works to strike a balance between owners who neglect their property and those who use it in good faith for many years.

If you own property in Georgia, it’s important to know how adverse possession works and what steps you can take to prevent it.

Understanding Adverse Possession in Georgia

Adverse possession allows an individual to acquire ownership of land by using it continuously and openly for an extended period. To do this, they must meet several strict requirements under Georgia law.

Continuous Use

The person must use the property consistently for a specified period of time. In Georgia, that’s 20 years. However, there’s an exception: if the person has written evidence of ownership, such as a deed that is later found to be invalid, the required time period drops to 7 years.

Until they meet that time requirement, they’re still considered a trespasser, and the actual owner can take action to remove them.

Open and Obvious Use

The person must use the property in a manner that any reasonable owner would consider reasonable. Quietly mowing a strip of land or putting a shed on someone else’s lot without them realizing it doesn’t count. The use must be visible and obvious.

Hostile Possession

This doesn’t mean conflict or aggression. It means the true owner never gave permission for the use. If the owner gave permission, that permission generally cancels out any claim to adverse possession.

Good Faith Belief

The person must honestly believe they have a right to the property. This often happens when someone relies on an incorrect survey or a deed that mistakenly includes a neighbor’s land.

Exclusive Possession

The person claiming ownership must have sole control of the property. If both the true owner and the claimant are using the land at the same time, the claim doesn’t hold up.

Once all these requirements are met, the person can request that a Georgia court legally recognize them as the new owner.

In most cases in Georgia, adverse possession issues don’t involve strangers. They happen between neighbors. Someone installs a fence a few feet over the line, plants a garden on the wrong side, or uses part of a driveway that crosses into another property. Over time, these small mistakes can create problems.

To protect yourself:

• Know your property lines. Have a survey done and ensure that fences and driveways align with the legal boundaries.

• Check on your property regularly. If you own vacant land or rental property, consider having it inspected periodically.

• Handle trespassers right away. If someone is using your property without permission, take action quickly. Send a written notice, ask them to stop, or speak with an attorney about your options.

• Keep your property in use and well-maintained. Owners who care for their land rarely run into adverse possession issues.

These simple steps make a big difference. Georgia law favors owners who stay involved and take care of their property.

Why Working With an Experienced Georgia Adverse Possession Attorney Matters

Adverse possession cases can get complicated quickly, especially when emotions or long-term neighbor relationships are involved. Georgia’s laws require clear evidence and careful handling to protect your ownership rights.

An experienced Georgia adverse possession attorney can help you:

• Review your property boundaries and title history

• Stop potential adverse possession claims before they escalate

• File or defend a claim in court if necessary

• Negotiate practical solutions when boundary lines are in dispute

• Make sure your property records and deeds accurately reflect ownership

Our team at Thrift McLemore has helped property owners across Atlanta and throughout Georgia protect their land and avoid costly legal battles. Whether you’re dealing with a neighbor’s fence that’s over the line or you suspect someone is trying to claim your property, it’s better to get ahead of the issue early.