11 Georgia opinions name it 2 courts 1941–2023 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Murray v. Stonegreen2 sentences2017See Murray v. Stone, 283 Ga. 6, 6 ( 655 SE2d 821 ) (2008) (affirming a jury verdict in favor of title by adverse possession where the evidence showed that the plaintiff used the two tracts of land for the 20-year (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. 2017See Murray v. Stone, 283 Ga. 6, 6 ( 655 SE2d 821 ) (2008) (affirming a jury verdict in favor of title by adverse possession where the evidence showed that the plaintiff used the two tracts of land for the 20-year (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. | 2 | 2 |
Bailey v. Motengreen2 sentences2023Finally, “[p]rescriptive rights are to be strictly construed, and the prescriber must give some notice, actual or constructive, to the landowner he or she intends to prescribe against.” (Citation and punctuation omitted.) Bailey v. Moten, 289 Ga. 897, 899 (2) ( 717 SE2d 205 ) (2011). 9 In this case, the trial court correctly concluded that Talboy could not establish that her possession of the sewer line on Dukes’ land was public under OCGA § 44-5- 161. 2023Finally, “[p]rescriptive rights are to be strictly construed, and the prescriber must give some notice, actual or constructive, to the landowner he or she intends to prescribe against.” (Citation and punctuation omitted.) Bailey v. Moten, 289 Ga. 897, 899 (2) ( 717 SE2d 205 ) (2011). 9 In this case, the trial court correctly concluded that Talboy could not establish that her possession of the sewer line on Dukes’ land was public under OCGA § 44-5- 161. | 1 | 1 |
Drew v. DeKalb Countygreen2 sentences2017See also Drew v. DeKalb County, 239 Ga. 35, 37 (2) ( 235 SE2d 528 ) (1977). 2017See also Drew v. DeKalb County, 239 Ga. 35, 37 (2) ( 235 SE2d 528 ) (1977). | 1 | 1 |
Keng v. Franklingreen2 sentences2011“When the use of a private way originates by permission of the owner, prescription does not begin to run until the user notifies the owner, by repairs or otherwise, that he has changed his position from that of a mere licensee to that of a prescriben [Cit.]” (Punctuation omitted.) Keng v. Franklin, 267 Ga. 472, 472-473 ( 480 SE2d 25 ) (1997). 2011“When the use of a private way originates by permission of the owner, prescription does not begin to run until the user notifies the owner, by repairs or otherwise, that he has changed his position from that of a mere licensee to that of a prescriben [Cit.]” (Punctuation omitted.) Keng v. Franklin, 267 Ga. 472, 472-473 ( 480 SE2d 25 ) (1997). | 1 | 1 |
Bushey v. Seven Lakes Reservoir Companygreen2 sentences1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 | 1 | 1 |
Carter v. Bectongreen2 sentences1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rucker v. Rucker
green
2 sentences1943Code, §§ 85-406, 85-402; Rucker v. Rucker, 136 Ga. 830 (2) ( 72 S. E. 241 ). 3. 1943Code, §§ 85-406, 85-402; Rucker v. Rucker, 136 Ga. 830 (2) ( 72 S. E. 241 ). 3. | 2 | 1943–1943 |
Jordan v. Way
green
2 sentences2006Acquisition by donation, transfer, devise, exchange, prescription, or from government; acquisition by county or municipality for department . . . (c) Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more. [4] As to the legal correctness of those holdings, see Jordan v. Way, supra, 235 Ga. at 499(4), 220 S.E.2d 258 , and McDilda v. Bd. of Com 2006Acquisition by donation, transfer, devise, exchange, prescription, or from government; acquisition by county or municipality for department . . . (c) Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more. [4] As to the legal correctness of those holdings, see Jordan v. Way, supra, 235 Ga. at 499(4), 220 S.E.2d 258 , and McDilda v. Bd. of Com | 1 | 2006–2006 |
McDilda v. BD. OF COM'RS, BULLOCH COUNTY
green
2 sentences2006Acquisition by donation, transfer, devise, exchange, prescription, or from government; acquisition by county or municipality for department . . . (c) Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more. [4] As to the legal correctness of those holdings, see Jordan v. Way, supra, 235 Ga. at 499(4), 220 S.E.2d 258 , and McDilda v. Bd. of Com 2006Acquisition by donation, transfer, devise, exchange, prescription, or from government; acquisition by county or municipality for department . . . (c) Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more. [4] As to the legal correctness of those holdings, see Jordan v. Way, supra, 235 Ga. at 499(4), 220 S.E.2d 258 , and McDilda v. Bd. of Com | 1 | 2006–2006 |
Beverly v. Burke
green
1 sentence2003All the Justices concur. 1 The Giggers were all adults at the time, ranging in age from 29 to 36 years. 2 OCGA § 44-5-161 sets out the elements of adverse possession: (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud except as provided in Code Section 44-5-162 [actual or positive fraud]; (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescri | 1 | 2003–2003 |
Street v. Collier
green
2 sentences2003All the Justices concur. 1 The Giggers were all adults at the time, ranging in age from 29 to 36 years. 2 OCGA § 44-5-161 sets out the elements of adverse possession: (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud except as provided in Code Section 44-5-162 [actual or positive fraud]; (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescri 2003All the Justices concur. 1 The Giggers were all adults at the time, ranging in age from 29 to 36 years. 2 OCGA § 44-5-161 sets out the elements of adverse possession: (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud except as provided in Code Section 44-5-162 [actual or positive fraud]; (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescri | 1 | 2003–2003 |
Warlick v. Rome Loan & Finance Co.
green
2 sentences2003Co., 194 Ga. 419 ( 22 SE2d 61 ) (1942). 2003Co., 194 Ga. 419 ( 22 SE2d 61 ) (1942). | 1 | 2003–2003 |
Deputron v. Young
green
2 sentences1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 | 1 | 1997–1997 |
Lines v. State of Ga.
green
2 sentences1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 1997Law, § 1-14. [4] OCGA § 44-5-164 provides: "Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property...." [5] OCGA § 44-5-163 provides: "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." [6] Lines v. Georgia, 245 | 1 | 1997–1997 |
Ford v. Holmes
green
1 sentence1941See Powell on Actions for Land, 432, § 326; Ford v. Holmes, 61 Ga. 419 (3) ; 32 Words & Phrases, 161. 4. | 1 | 1941–1941 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.