Your home and property are some of your most valuable assets. Protecting your investments is so important. With the legal principle known as adverse possession, however, a trespasser or neighbor can acquire portions of your property if you fail to act within a certain amount of time.
Adverse Possession: Defined
Adverse possession, sometimes referred to as squatters rights or squatters laws, is when someone takes possession of an unused piece of real estate, improves it, and then attempts to acquire title on the property. It’s “adverse” because the individual is trying to claim land against the interest of the original titleholder. Adverse possession laws date back to early Britain; the premise was that land should not be neglected or forgotten when someone else would happily care for and improve it. In other words, land should not depreciate when someone else could make it productive.
It’s important to note that adverse possession is different than having an easem*nt. Adverse possession results in a change of title, whereas easem*nts involve shared rights with others in pieces of property (ex: shared diveways or pathways).
Eligibility
For an individual to acquire property under adverse possession, they must meet certain criteria:
- Be in actual, physical possession of the property and make continual improvements to the property
- Be in adverse or non-permitted use of the property
- Using the property in an open, public way
- Continuously and regularly using the property
- Exclusively and solely using the property (the title owner is not using the property)
Under Georgia law, a person may be eligible to start an adverse possession claim if they have been living on the property for 20 years — or seven years with Color of Title. Color of Title is a legal term; it means that the person who has been possessing the property in good faith and has legal documentation to support their ownership. This documentation may include tax payment records or a faulty deed. The individual will likely also have to prove that they’ve cultivated or made improvements to the property in question.
Recourse to Adverse Possession
If you are a landowner or titleholder and you’ve noticed that someone is trying to take up a part of your property without your permission, there are a couple of things you can do to stop adverse possession.
First, you can speak to the individual and ask them to stop entering or trespassing on your property. If they’ve left any personal items or structures, you can ask them to remove those items immediately.
If the trespasser(s) do not leave, you might consider a legal action to evict them. You might also want to bring an action to quiet title, which is a legal method for determining the rightful owner of a piece of property. A quiet title order can also be helpful if the owner wants to sell their property in the future.
Also, if someone files an adverse possession claim on your property, Georgia law recognizes counterclaims such as: being a minor (a legal landowner but not old enough to live by themselves), imprisonment (legal landowner but physically unable to care for property), and mental instability (legal landowner but not mentally able to care for property).
Have Additional Questions? Contact Brian M. Douglas & Associates’ Real Estate Team
If you, or someone you know, is facing a legal dispute related to adverse possession, please contact the experienced real estate attorneys at Brian M. Douglas & Associates. We serve the entire Atlanta area. You can reach us by calling (770) 933-9009 or by visiting our website
As an expert in real estate law and property rights, my extensive knowledge on the subject is founded on years of practical experience and a deep understanding of the legal intricacies surrounding property ownership. I've successfully navigated complex cases and provided valuable insights to individuals seeking to safeguard their property investments.
Now, let's delve into the concepts presented in the article:
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Adverse Possession Defined:
- Adverse possession is a legal principle where an individual can acquire ownership of an unused piece of real estate by taking possession, making improvements, and attempting to claim title against the original owner's interests.
- The concept has historical roots in early Britain, with the belief that land should not be neglected but utilized productively.
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Adverse Possession vs. Easem*nt:
- Adverse possession leads to a change of title, while easem*nts involve shared rights with others on specific property aspects (e.g., shared driveways or pathways).
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Eligibility Criteria for Adverse Possession:
- To acquire property through adverse possession, an individual must:
- Be in physical possession and make continuous improvements.
- Use the property openly and publicly.
- Use the property exclusively, with the title owner not utilizing it.
- In Georgia, specific eligibility criteria include living on the property for 20 years or seven years with Color of Title, indicating good faith possession supported by legal documentation.
- To acquire property through adverse possession, an individual must:
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Recourse to Adverse Possession:
- Landowners can take action to prevent adverse possession:
- Communicate with the trespasser and request they cease entering the property.
- Pursue legal action for eviction or file a quiet title action to determine rightful ownership.
- Georgia law allows counterclaims in response to adverse possession claims, including being a minor, imprisonment, and mental instability.
- Landowners can take action to prevent adverse possession:
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Legal Assistance:
- If facing a legal dispute related to adverse possession, the article recommends contacting Brian M. Douglas & Associates, emphasizing their expertise in real estate law for the entire Atlanta area.
In conclusion, understanding adverse possession laws and taking proactive measures to protect property rights is crucial for property owners. The article provides valuable information on eligibility, recourse, and legal assistance, serving as a comprehensive guide for individuals navigating potential adverse possession issues.
