Georgia Squatters and Adverse Possession Rules

O.C.G.A. § 44-5-163 provides that possession meeting the § 44-5-161 requirements 'for a period of 20 years shall confer good title by prescription' against everyone except the state. Section 44-5-164 shortens this to 7 years where the claimant holds 'under written evidence of title' (color of title), unless that writing is forged or fraudulent and the claimant had actual notice. Under § 44-5-161, possession 'must be public, continuous, exclusive, uninterrupted, and peaceable' and 'accompanied by a claim of right'; it cannot originate in fraud, and 'permissive possession cannot be the foundation of a prescription.' A mere squatter lacking these elements is a trespasser, removable via the dispossessory action or charged under criminal trespass law (§ 16-7-21).

Possession that is permissive, secret, interrupted, or shorter than the statutory period confers no title. A squatter who never meets §§ 44-5-161, 44-5-163, or 44-5-164 is a trespasser and may be removed through the dispossessory process and may face criminal trespass charges under O.C.G.A. § 16-7-21.