Georgia § 44-5-161 - Adverse possession; effect of permissive possession.
Full text of Georgia Official Code of Georgia Annotated § 44-5-161 — Adverse possession; effect of permissive possession., with citation guidance and answers to common questions.
§ 44-5-161. Adverse possession; effect of permissive possession.
In order for possession to be the foundation of prescriptive title, it: Must be in the right of the possessor and not of another; Must not have originated in fraud except as provided in Code Section 44-5-162; Must be public, continuous, exclusive, uninterrupted, and peaceable; and Must be accompanied by a claim of right. Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. (Ga. L. 1851-52, p. 238, § 2; Code 1863, § 2638; Code 1868, § 2637; Code 1873, § 2679; Code 1882, § 2679; Civil Code 1895, § 3584; Civil Code 1910, § 4164; Code 1933, § 85-402.) Cross references. - Adverse possession against cotenant, § 44-6-123 . Obtaining private ways through adverse possession, §§ 44-9-1 , 44-9-54 , 44-9-55 . Law reviews. - For annual survey of real property law, see 35 Mercer L. Rev. 257 (1983). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For note, "For Sale - One Level 5 Barbarian for 94,800 Won: The International Effects of Virtual Property and the Legality of Its Ownership," see 37 Ga. J. Int'l & Comp. L. 381 (2009).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-5-161
What does Official Code of Georgia Annotated § 44-5-161 cover?
Section 44-5-161 ("Adverse possession; effect of permissive possession.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 44-5-161?
A common citation format is "Official Code of Georgia Annotated § 44-5-161" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 44-5-161 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.