Understanding adverse possession: how someone can claim your land, how to prevent it, and what to do if it happens.
According to LandSquatch data covering 198,170+ properties across Georgia and Florida, understanding adverse possession land claims is essential for making informed land investment decisions.
Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly, continuously, and without the owner's permission for a statutory period. In Georgia, the period is 20 years (7 years with color of title). The occupant must demonstrate actual, exclusive, open, notorious, and continuous possession — casual use or occasional trespassing is not sufficient.
Regular inspection of your property boundaries, prompt removal of unauthorized occupants, posting No Trespassing signs, maintaining fences on true boundary lines, recording written permission for any allowed use (converting hostile possession to permissive use), and keeping current with property tax payments. A professional survey establishes your boundaries definitively. Visit your property at least annually.
Consult a real estate attorney immediately. Document the timeline of your ownership, tax payments, visits, and any permission granted for use. File a trespass action or quiet title action to establish your ownership. Time is critical — continued inaction can strengthen the adverse possession claim. Most claims can be defeated with proper legal action and documentation of ownership.
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