If you’re a property owner in
Georgia, it’s important to brush up on the squatter laws in your state. Under Georgia law, squatters can claim adverse possession of property after twenty years of continuous occupation and property tax payment.
Although many people perceive squatting as synonymous with breaking and entering, there are some cases in which squatting is perfectly legal. However, for property owners with unoccupied property, this isn’t always the best news.
To answer all of your squatting-related questions,
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Jerryhas created a guide to squatter laws in Georgia. In this guide, we’ll discuss the difference between squatting and trespassing, the requirements for an adverse possession claim, and provide helpful tips for protecting yourself from squatters.
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Who’s considered a squatter in Georgia?
In Georgia, an individual who occupies an unoccupied home or property without lawful permission is considered a squatter. Accordingly, squatters have zero ownership rights to the property and don’t pay rent.
Squatting vs. trespassing vs. holdover tenants
The distinction between squatting and criminal trespassing lies in whether or not the property owner has made it clear to the individual that they are unwelcome on the property.
If someone enters your occupied property without your permission, it is a case of criminal trespassing, whereas if an individual takes up residence on an abandoned property without any indication of being unwelcome, it isn’t technically illegal.
Holdover tenancies also exist in the grey area between legal and illegal residency. In such cases, tenants refuse to vacate upon the termination of their lease, at which point the tenants are considered to be criminally trespassing. However, if their landlord continues to accept rent payments, they’ll be considered tenants at will.
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How to choose the right kind of home insurance for youAdverse possession laws in Georgia
Adverse possession laws date back to the 1300s, and first originated as a legal concept to allow a trespasser or squatter to gain legal ownership of someone else's property.
According to Georgia’s adverse possession laws, or “squatters rights laws”, squatters who have lived on a real estate property for at least 20 uninterrupted years can claim adverse possession and have the property’s legal title changed.
To do so, the squatter must acquire the property publicly and pay property taxes.
You can think of adverse possession as a legal surrendering of sorts. Since the actual property owner cannot remove the squatter after this time, it follows that they legally transfer the property title to the squatter.
To claim land under the adverse possession law, an individual must meet the following requirements.
Hostile possession
To make an adverse possession claim in Georgia, the occupier must make a ‘hostile’ claim to the land. In this case, “hostile” does not refer to an aggressive takedown of the property owner. Instead, it can take on the following definitions:
Awareness of trespassing: A squatter is aware that they’re illegally trespassing
Simple occupation: A squatter isn’t required to know they’re trespassing
Good faith mistake: A squatter may be under the impression that they occupy the property, but their documents are invalid
Active possession
Squatters must maintain active possession of the property to meet the requirements of a claim. Accordingly, squatters must use the property as the legal owner would, and attend to maintenance, landscaping, repairs, and property improvements.
Open and notorious possession
To meet the requirements for an open and notorious claim, it must be obvious to anyone—including the property owner—that the squatter is living there and using the property. If a squatter has attempted to conceal their occupation of the property, they cannot meet the claim requirements.
Exclusive possession
The squatter must be the sole occupant of the property and the only one with tax payment records. If the squatter has been using the property while other individuals—including the property owner—have been occupying it, the law won’t recognize a possession claim.
Continuous possession
Finally, and most notably, the squatter must be in continuous possession of the property for twenty years. If the individual leaves the property for weeks or months during that time, the claim will be invalidated under Georgia law.
Key takeaway An adverse possession claim requires twenty years of continuous residence, use, or improvement of the property, along with twenty years of property taxes.
Does Georgia honor color of title claims?
Georgia's adverse possession law dictates that the standard possession period is 20 years. However, there is an exception. Under the
Georgia Code
, trespassers may be granted legal ownership of the property if they have occupied land under ‘color of title’.
With a color of title claim, an individual may be granted possession of property despite having a defective claim to the property. For example, an occupier may have an invalid deed to property or faulty tax payment records, but if documentation demonstrates the individual to have acted in good faith, they can be granted the title of the property.
In these cases, the occupants must live at the property continuously for seven years, rather than twenty.
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Tips for staging a houseHow to protect yourself from squatters
To protect yourself and your property from the legal challenges that squatters may bring, you can follow these tips:
Regularly visit and inspect your property for any unwelcome visitors
Secure your property’s entrances, windows, and doors with steel fittings, alarms, and locks
Indicate that squatters will not be tolerated by posting ‘No trespassing. All trespassers will be prosecuted’ signs
Formally evict any squatters from your property
Have a physical presence on the property, even if you’re not home. Ask your neighbor to check on your property for you when you’re out of town
How to find affordable home and car insurance in Georgia
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FAQs
Given the details in the article provided, I'll delve into each concept and provide a comprehensive breakdown based on my expertise and knowledge:
1. Squatters in Georgia:
- A squatter in Georgia is an individual who occupies an unoccupied property without lawful permission. They don't have ownership rights to the property and don't pay rent.
2. Squatting vs. Trespassing vs. Holdover Tenants:
- Squatting: When someone occupies an abandoned property without being expressly unwelcome by the property owner.
- Trespassing: Entering someone's property without permission. If done on an occupied property, it's criminal trespassing.
- Holdover Tenants: These are tenants who continue to occupy a property after their lease has ended. If they remain without the landlord's permission, they become criminal trespassers.
3. Adverse Possession Laws in Georgia:
- Adverse possession allows a squatter to claim legal ownership of a property after 20 continuous years of occupation and property tax payment.
- For a successful adverse possession claim, several conditions must be met:
- Hostile Possession: The occupation can be unintentional, but the squatter should be actively possessing the land.
- Active Possession: Squatters must act as an owner would, like maintaining the property.
- Open and Notorious Possession: Their presence on the property must be evident and without concealment.
- Exclusive Possession: The squatter should be the sole occupier with tax payment records.
- Continuous Possession: A 20-year uninterrupted stay on the property is mandatory.
4. Color of Title Claims:
- Georgia has provisions for 'color of title' claims, allowing individuals with defective or seemingly invalid claims to still gain possession.
- If someone has occupied a property under 'color of title', they can claim possession after 7 continuous years rather than the usual 20.
5. Protecting Yourself from Squatters:
- Regular property inspections.
- Secure property entrances with robust locks and alarms.
- Display clear 'No Trespassing' signs.
- Evict squatters legally if they occupy your property.
- Maintain a visible presence on your property.
6. Finding Affordable Home and Car Insurance in Georgia:
- Platforms like Jerry provide a streamlined approach to insurance shopping, connecting users with tailored quotes from top providers.
- Jerry boasts average savings for users, offering customizable insurance options.
FAQs:
-
What constitutes a squatter in Georgia?
- An individual occupying an unoccupied property without permission.
-
How long does one have to occupy a property for adverse possession in Georgia?
- 20 continuous years, along with property tax payments.
-
Are there exceptions to the 20-year rule for adverse possession?
- Yes, under 'color of title' claims, the period reduces to 7 years.
-
How can property owners protect themselves from squatters?
- Regular inspections, secure entrances, 'No Trespassing' signs, and legal eviction processes.
-
What benefits does Jerry offer for insurance seekers in Georgia?
- Jerry provides a platform to compare and obtain affordable insurance quotes from top providers, helping users save significantly.
Given the intricate details provided, understanding Georgia's squatter laws becomes crucial for property owners and potential buyers to navigate the legal landscape effectively.
