Squatters Rights in Georgia: 20-Year Adverse Possession Law
Georgia requires 7 years of possession under color of title, or 20 years without it. In 2024, Georgia enacted one of the most closely watched anti-squatting laws in the country, creating a new criminal offense and a fast magistrate-court removal process.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Georgia vs Neighboring States: Quick Comparison
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 7 years
- Tax Payment Required
- Yes
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Georgia
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Georgia
To claim ownership of property through adverse possession in Georgia, a claimant must possess the land for 20 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
Georgia’s adverse possession law is codified under O.C.G.A. §§ 44-5-163, 44-5-164; Georgia Squatter Reform Act (HB 1017) of 2024. The standard statutory period is 20 years of continuous, open, and hostile possession.
Property Tax Requirements
Georgia's shorter track depends on color of title, not tax payment specifically.
Color of Title Rules
A 7-year period applies to possession under color of title. Possession without color of title requires 20 years.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 7 years (with color of title) or 20 years (without)
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Recent Law Changes in Georgia
2024: The Georgia Squatter Reform Act (HB 1017), signed April 2024, created the criminal offense of 'unlawful squatting' (fines up to $1,000 and up to one year in jail), expanded magistrate court jurisdiction over squatting cases, and allows a sheriff, deputy, or other certified official to remove an occupant within 3 days of a property affidavit unless the occupant files a counter-affidavit. This is a criminal-enforcement change and does not alter the 7/20-year adverse possession periods.
Georgia Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Georgia, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either the 7-year requirement under O.C.G.A. § 44-5-164 (with written evidence of title / color of title), or the 20-year requirement under O.C.G.A. § 44-5-163 (without color of title)
- Demonstrate that possession was public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a claim of right
- Present evidence such as witness testimony, photographs, surveys, documentation of improvements, and tax receipts
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county clerk's office to establish clear title to the property.
Defending Against Squatters
Georgia property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the statutory period expires
- For undeveloped or "wild" lands, conducting periodic inspections and maintaining records of these visits
- Documenting property visits and inspections with photographs and written records
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Georgia provides property owners with several options for removing unauthorized occupants:
- Law enforcement assistance: for clear cases of trespassing, request assistance from law enforcement under Georgia's criminal trespass laws (O.C.G.A. § 16-7-21)
- Dispossessory proceeding: file a dispossessory affidavit with the magistrate court of the county where the property is located (O.C.G.A. § 44-7-50)
- The court issues a summons requiring the occupant to respond within 7 days, then a hearing is typically scheduled promptly
- If successful, obtain a writ of possession and have the sheriff execute it to remove the occupants
- Ejectment action: for more complex cases where ownership is disputed, an ejectment action in superior court may be necessary (O.C.G.A. § 44-11-1)
Georgia law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability. Georgia's 2024 Squatter Reform Act (HB 1017) also created faster, streamlined removal procedures for unauthorized occupants outside the standard dispossessory process.
O.C.G.A. §§ 44-5-163, 44-5-164; Georgia Squatter Reform Act (HB 1017) of 2024
View Official State Statute ↗Notable Georgia Adverse Possession Cases
Cheek v. Wainwright (1980)
246 Ga. 171, 269 S.E.2d 443 (1980)
A claimant asserted prescriptive title to 62 acres of Georgia timberland where he had planted and thinned pine trees, harvested lumber, and cultivated crops like peppers and cotton on part of the tract for more than 30 years. The Georgia Supreme Court treated this sustained, affirmative silvicultural and agricultural use as sufficient actual possession, illustrating the higher bar Georgia sets for undeveloped land: ongoing cultivation and harvesting can satisfy the possession requirement even though merely occasional hunting, fishing, or timber cutting on wild land generally cannot.
Cooley v. McRae (2002)
275 Ga. 435, 569 S.E.2d 845 (2002)
An executor brought a quiet title action claiming his family had acquired roughly 220 acres in Burke County by adverse possession, backed by decades of hunting, farming, road and fence building, tax payments, and a filed survey plat asserting ownership. The Georgia Supreme Court affirmed that title by adverse possession, whether under the 7-year color-of-title or 20-year period, requires possession that is public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a genuine claim of right not originating in fraud.
Walker v. Sapelo Island Heritage Authority (2009)
285 Ga. 194 (2009)
Heirs of a Sapelo Island family sued to quiet title to a small tract in the Hog Hammock community, pointing to decades of farming, fencing, and building on the land by their ancestor and to their own upkeep of the property into the late 1960s, against a heritage authority that claimed fee simple ownership. The Georgia Supreme Court reversed summary judgment for the authority, holding that continuous farming, fences, and structures are evidence of possession and that a jury needed to decide whether the family had in fact held the land under a claim of right for the statutory period.
Kelley v. Randolph (2014)
295 Ga. 721, 763 S.E.2d 858 (2014)
Neighbors discovered by survey that terraces and construction debris their neighbors had built in their backyard back in 1990 actually encroached over the property line and onto a shared alleyway. The Georgia Supreme Court affirmed that because the encroaching structures had remained in place continuously since 1990 and were built in the good-faith belief the land was theirs, the 20-year prescriptive period had run and title had passed by adverse possession, reiterating that prescription never runs in favor of someone who knowingly takes land belonging to another.
Frequently Asked Questions About Georgia Adverse Possession
How long must someone occupy my property in Georgia to claim adverse possession?
Georgia has two timeframes: 7 years if the claimant has written evidence of title (color of title) under O.C.G.A. § 44-5-164, or 20 years without color of title under O.C.G.A. § 44-5-163. Either way, possession must be public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a genuine claim of right. The commonly repeated "30-day squatter's rights" claim is false.
What is Georgia's "wild lands doctrine" and how does it affect adverse possession?
Georgia courts hold undeveloped or "wild" land to a higher standard: because owners of such land may rarely visit it, occasional activities like hunting, fishing, or cutting timber generally are not enough to establish possession. Courts have found sustained, affirmative use — such as ongoing cultivation, planting, or harvesting, as in Cheek v. Wainwright (1980) — necessary to show actual possession of undeveloped acreage.
What constitutes "written evidence of title" in Georgia's adverse possession law?
"Written evidence of title," or color of title, is a document — such as a deed or will — that appears to convey ownership but contains some legal defect. Having color of title shortens Georgia's required adverse possession period from 20 years to 7 years, provided the other elements (public, continuous, exclusive, uninterrupted, peaceable possession under a claim of right) are also met.
Can I legally remove squatters from my property in Georgia?
Yes, but only through legal procedures. For clear trespassing, you can request law enforcement assistance under O.C.G.A. § 16-7-21. Otherwise, Georgia's dispossessory process (O.C.G.A. § 44-7-50) functions like an eviction proceeding, and the 2024 Squatter Reform Act (HB 1017) added faster removal options. "Self-help" measures like changing locks or cutting off utilities remain illegal and can expose the owner to liability.
Can someone claim adverse possession against government-owned land in Georgia?
Generally, no — O.C.G.A. §§ 44-5-163 and 44-5-164 exclude the state and its political subdivisions from adverse possession claims while land is held for public purposes. But that protection isn't automatic: in Walker v. Sapelo Island Heritage Authority (2009), the Georgia Supreme Court let heirs' adverse possession claim proceed to trial against a public heritage authority, since a fact question remained about whether the land had been held for public purposes throughout the claimed possession period.
How does Georgia's "permissive possession" rule work?
Under O.C.G.A. § 44-5-161(b), possession that begins with permission from the owner cannot become the basis for adverse possession until the occupant makes an adverse claim and gives the owner actual notice of it. So if you've let someone use your land, they can't later claim ownership without first clearly telling you they now consider their occupation adverse to your rights.
Can Georgia police kick out a squatter immediately?
Sometimes, yes — Georgia's 2024 Squatter Reform Act (HB 1017) created a new crime of "unlawful squatting" under O.C.G.A. § 16-7-21.1 and lets a sheriff, marshal, or police officer serve the occupant with a citation requiring them to vacate or produce proof of a lawful right to be there (a lease, rent receipts, etc.) within 3 business days; if they don't, they can be arrested for criminal trespass and removed without a separate eviction judgment. But if the person has any lease, was a former tenant, or otherwise shows a colorable claim of tenancy, police will not remove them on the spot — the owner must instead use the dispossessory process in magistrate court (O.C.G.A. §§ 44-7-50 to 44-7-59), which starts with a dispossessory affidavit, gives the occupant 7 days to answer, and ends with the sheriff executing a writ of possession after judgment. Disputes over actual ownership go to superior court via ejectment (O.C.G.A. § 44-11-1). In short, HB 1017 gives Georgia one of the fastest police-involved removal paths in the country, but only for true squatters with zero claim of prior authorization — anyone who looks like a tenant still gets a civil eviction, not a police removal.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.