Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.
If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.
Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.
Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.
In Georgia, adverse possession laws allow a person to acquire legal ownership of property by possessing it in a manner that is hostile, actual, open and notorious, exclusive, and continuous for a statutory period. Under Georgia law, the statutory period required for adverse possession is 20 years, or 7 years if the possessor has 'color of title' (a claim to title that appears valid but may have a legal defect) and pays the property taxes. Additionally, Georgia has a special provision for adverse possession under 'color of title' and payment of taxes for 7 years, which can lead to acquiring title. The possession must be without permission from the true owner and must be treated as the possessor's own property. If these conditions are met, the possessor may be able to claim legal title to the property, potentially altering the boundary lines. It's important to note that adverse possession claims can be complex, and an attorney can provide guidance specific to the circumstances of any potential claim.
