O.C.G.A. § 44-5-163 — Leading Cases | Syfert Law

Leading cases: O.C.G.A. § 44-5-163

Cited in 42 cases (9 in the last 5 years, 1986–2025). ← Read the statute text
Shearin v. Wayne Davis & Co., PC (2006) ga · cites it 33× “In doing so, it held a governmental body may obtain prescriptive title to a road in either of two ways: pursuant to the provisions of OCGA § 44-5-163 [1] by possessing the road for a period of 20 years while meeting the requirements of *680 OCGA § 44-5-161, [2] or pursuant to…”
Georgia Power Co. v. Irvin (1997) ga · cites it 8× “Harvey's possession in the late 1920's, and continuing until the present, there was evidence of possession as would satisfy OCGA § 44-5-163, [5] and OCGA § 44-5-161.”
Bailey v. Moten (2011) ga · cites it 4× “Bailey also claims prescriptive title to the subject property by possession for a period of more than 20 years 3 under OCGA § 44-5-163. 4 “To establish title by adverse possession .”
Campbell v. THE LANDINGS ASS'N, INC. (2011) ga · cites it 2× “The record conclusively reveals that, at most, Landings permitted the Campbells and all other Skidway Island Community residents to enjoy the property in question as common property.”
Kelley v. Randolph (2014) ga · cites it 4× “See OCGA § 44-5-163. After the parties filed cross-motions for summary judgment, the trial court denied appellants’ motion and granted the Randolphs’ motion on their claim of prescriptive title by adverse possession.”
Brown v. Williams (1989) ga · cites it 4× “that the character of [his] possession was not such as to bring him under the terms of [OCGA § 44-5-163], so as to give him prescriptive title.”
Parrott v. Fairmont Development, Inc. (2002) gactapp · cites it 4× “” 3 Parrott claims that he acquired an easement by virtue of adverse possession in accordance with OCGA § 44-5-163. To establish such claim, Parrott must show that Fairmont purchased the property with notice of the easement.”
McBee v. Aspire at West Midtown Apartments (2017) ga · cites it 2× “7 Adverse possession of real property “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 [certain statutory! disabilitiesM” OCGA § 44-5-163. 8 Properly viewed, the record shows that…”
Friendship Baptist Church, Inc. v. West (1995) ga · cites it 4× “OCGA § 44-5-163. The possession that serves as the foundation of prescriptive title must be accompanied by a claim of right and "be public, continuous, exclusive, uninterrupted, and peaceable.”
Goodson v. Ford (2012) ga · cites it 2× “See OCGA § 44-5-163. OCGA § 44-5-161 (a) provides: 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; (3) Must be…”
Walker v. SAPELO ISLAND HERITAGE AUTHORITY (2009) ga · cites it 2× “Their claim for title by adverse possession thus falls under the 20-year prescription period of OCGA § 44-5-163. Continuous farming of property, the erection of fences, and the construction of buildings are indicia of possession.”
Strozzo v. Coffee Bluff Marina Property (2001) gactapp · cites it 2× “481, 483 (3) ( 188 SE 307 ) (1936); OCGA § 44-5-163. 6 This is the common law period for prescription.”
Congress Street Properties, LLC v. Garibaldi's, Inc. (2012) gactapp · cites it 2× “10 OCGA § 44-5-163 (“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…”
MEA FAMILY INVESTMENTS, LP v. Adams (2008) ga · cites it 2× “” OCGA § 44-5-163. Among those requirements is that the possession “[m]ust be public, continuous, exclusive, uninterrupted, and peaceable.”
Coleman v. Coleman (1995) ga · cites it 2× “5 See OCGA §§ 44-5-163; 44-5-164. 6 OCGA § 44-5-161; Johnson v.”
Jackson v. Tolliver (2003) ga · cites it 2× “OCGA § 44-5-163. As support for his ownership of Tract 3, Jackson claimed that he *60 grazed cattle, that he grew and cut hay, and that he built a barn partially located on the land.”
Sherman v. Thomas-Lane American Legion Post 597 (2015) gactapp · cites it 2× “Hiawatha Sherman appeals the trial court’s grant of summary judgment to the Thomas-Lane American Legion Post 597 (“Post 597”) on the issue of whether Post 597 had acquired prescriptive title to Sherman’s land by possession for more than 20 years under OCGA § 44-5-163. Sherman…”
Crawford v. Simpson (2005) ga · cites it 2× “The trial court adopted the special master’s award and findings that appellee owned the property pursuant to both OCGA § 44-5-163 (adverse possession for 20 years) and OCGA § 44-5-164 (adverse possession under color of title for seven years).”
Small v. Irving (2012) ga · cites it 2× “Alternatively, Small argues that Irving cannot establish adverse possession for 20 years under OCGA § 44-5-163. While “adverse possession which, if continued for a period of twenty years or longer, would ripen into a title by prescription” is sufficient to establish bona fide…”
City of Marietta v. CSX Transportation, Inc. (2000) ga · cites it 2× “In response to the certified question, we conclude that the City of Marietta and the public cannot acquire a right against the State of Georgia to use the crossings at Depot and Dobbs Streets by implied dedication, but must obtain the express consent of the state.”