Georgia Statewide Rule

Georgia Squatters and Adverse Possession Rules

Heavy RestrictionsApplies statewide across Georgia (2026)

Key Facts

Adverse possession (no color of title): 20 years (§ 44-5-163)
Under color of title: 7 years (§ 44-5-164)
Required possession: Public, continuous, exclusive, uninterrupted, peaceable, claim of right (§ 44-5-161)
Squatter Reform Act: HB 1017 (2024): citation + 3 business days to show rights

Last verified: September 5, 2026

Summary

Adverse possession in Georgia requires 20 years of possession under O.C.G.A. § 44-5-163, or 7 years under written 'color of title' under § 44-5-164. Mere squatters are trespassers, and the 2024 Squatter Reform Act (HB 1017) added a fast-track citation and removal process.

Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170.

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Full Breakdown

O.C.G.A. § 44-5-163 provides that possession meeting the § 44-5-161 requirements for 20 years confers good title by prescription; § 44-5-164 shortens this to 7 years where the claimant holds under written 'color of title.' Possession must be public, continuous, exclusive, uninterrupted, peaceable, and under a claim of right, and permissive possession never qualifies. A squatter lacking these elements is a trespasser. The Georgia Squatter Reform Act (HB 1017, effective April 24, 2024) made unlawful squatting a criminal offense and created a fast-track process: the owner files a sworn affidavit, the occupant is cited, and unless the occupant produces valid documentation of a right to occupy within 3 business days, removal follows.

Violations & Penalties

Possession that is permissive, secret, interrupted, or too short confers no title. Under HB 1017 an unlawful squatter faces criminal charges and removal after failing to document a right to occupy within 3 business days of citation.

Frequently Asked Questions

How long must a squatter possess property to claim it in Georgia?

Twenty years of qualifying possession under O.C.G.A. § 44-5-163, or only 7 years if the person holds under written 'color of title' under § 44-5-164. The possession must be public, continuous, exclusive, uninterrupted, peaceable, and under a claim of right (§ 44-5-161).

What is 'color of title' in Georgia adverse possession?

It is a written document that appears to give the claimant title, even if it is defective. Under O.C.G.A. § 44-5-164, possessing under color of title cuts the period to 7 years, unless the writing is forged or fraudulent and the claimant knew it when possession began.

Can a Georgia landlord remove a squatter quickly?

Yes, faster than before. The 2024 Georgia Squatter Reform Act (HB 1017) lets an owner file a sworn affidavit; the occupant is cited and must produce valid documentation within 3 business days or face removal and criminal trespass charges.

Sources

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