In Georgia, a squatter must openly and continuously occupy a property for 20 years to potentially claim adverse possession. With color of title (a defective deed), this may be reduced to 7 years. The statutory citation is O.C.G.A. § 44-5-160 et seq..
Key Rules at a Glance
| Rule | Detail |
|---|---|
| Adverse Possession Period | 20 years |
| With Color of Title | 7 years |
| Required Elements | Actual, Open, Notorious, Exclusive, Hostile, Continuous |
| Notice to Vacate | Written demand to vacate required before filing dispossessory. Typically a 3-day notice. |
| Eviction Process | File a dispossessory action in Magistrate Court or Superior Court. Hearings scheduled within 7–14 days. Georgia is relatively landlord-friendly. |
| Key Statute | O.C.G.A. § 44-5-160 et seq. |
| Last Updated | 2025-01 |
Possession Requirements in Georgia
Georgia requires actual, open, notorious, exclusive, continuous, and hostile possession. Peaceable possession under color of title with no claim by others.
The five elements of adverse possession must all be satisfied simultaneously throughout the statutory period. If an owner gives the occupant written permission to use the property at any point, the "hostile" element is defeated — resetting the clock entirely.
Key Facts for Georgia
- Standard adverse possession: 20 years
- With color of title and payment of taxes: 7 years
- Georgia requires the claimant to exclusively possess and use the land
- Must show actual cultivation or enclosure for rural properties
- Georgia passed laws in 2022 to expedite removal of squatters from vacant residential properties
How to Remove a Squatter in Georgia
Property owners in Georgia should act quickly when an unauthorized occupant is discovered. The process depends on whether the person ever had permission to be on the property:
Trespassers (no permission ever given): Contact local law enforcement. If the person has no claim of right, police can remove them. Document the situation thoroughly.
Holdover tenants (had permission, now overstaying): Written demand to vacate required before filing dispossessory. Typically a 3-day notice. After serving notice, if the occupant does not vacate: File a dispossessory action in Magistrate Court or Superior Court. Hearings scheduled within 7–14 days. Georgia is relatively landlord-friendly.
Adverse possession claimants: If the occupant asserts a legal claim to the property and has been present for a significant period, consult a real estate attorney immediately. Do not attempt self-help eviction, as this may expose you to liability.
Dealing with a Squatter in Georgia?
Every situation is different. A licensed real estate attorney in Georgia can advise on notice requirements, the eviction process, and adverse possession defenses.
Frequently Asked Questions — Georgia
How long does a squatter have to stay in Georgia to own the property?
Georgia requires 20 years of continuous adverse possession. However, with color of title and payment of property taxes, this can be reduced to 7 years.
How do you remove a squatter in Georgia?
File a dispossessory action in Magistrate Court after serving a written demand to vacate. Georgia courts are generally efficient for these matters, with hearings often scheduled within 1–2 weeks.