7. Titles

Question 1

What are the three requirements for adverse possession in Georgia?

Answer 1

Adverse possession requires proof of possession that is:

1. Public, continuous, exclusive, uninterrupted, and peaceful;
2. Under a claim of right by good faith; and
3. Not originating in fraud.

Question 2

What is the statutory period for Possessing Land without Written Evidence of Title in Georgia?

Answer 2

In Georgia, possession without written evidence of title results in a 20-year period

Question 3

What is the statutory period for Possessing Land with Written Evidence of Title in Georgia?

Answer 3

In Georgia, possession with written evidence of title results in a 7-year period.

Question 4

What is tacking of disabled possessors in Georgia?

Answer 4

The time period does not begin to run against a person with a disability during the period of the disability.

Question 5

What happens to tacking upon removal of the disability in Georgia?

Answer 5

Upon removal of the disability the prior possession may be taked to the subsequent possession to make out the prescription period.

Question 6

What is Constructive Possession in Georgia?

Answer 6

Constructive possession occurs when a person with paper title to a tract of land is in actual possession of only part of it, extending their possession to the tract’s boundary.

Question 7

What is the Effect of Constructive Possession of Same Land by Adjacent Owners in Georgia?

Answer 7

No prescription arises if adjacent owners are in constructive possession of the same land within overlapping tract boundaries.

Question 8

What is a Requirements for Recordation of Deeds in Georgia?

Answer 8

To be recorded, a deed must be attested or acknowledged.

Question 9

Who can attest the deed in Georgia?

Answer 9

Deeds can be attested by judges of record courts, magistrates, notaries public, or clerks of superior or city courts. These persons may also acknowledge a deed after its execution.

Question 10

What if the deed cannot be attested by the required people in Georgia?

Answer 10

If the deed has not been attested or acknowledged by a required person, it can still be recorded upon the affidavit of a subscribing witness.

Question 11

Type of Notice In Georgia;

Answer 11

Georgia is a race-notice jurisdiction.

According to Georgia’s recording act, a prior claimant will lose to a subsequent claimant if this subsequent claimant:

1. Records first;
2. Lacks notice of the prior claim; and
3. Is a bona fide purchaser for value.