O.C.G.A. § 44-5-14 (2019)
Presumption of grant on 20 years’ possession
When the land is subject to entry and grant, 20 years’ possession of land under a claim of right shall authorize the courts to presume a grant.
History
(Orig. Code 1863, § 2335; Code 1868, § 2332; Code 1873, § 2363; Code 1882, § 2363; Civil Code 1895, § 3222; Civil Code 1910, § 3810; Code 1933, § 85-313.)
Annotations
Cross references. - Conferring title after 20 years’ adverse possession, § 44-5-163. JUDICIAL DECISIONS Allegations sufficient to satisfy requirements. - Bill alleging that the complainant and its predecessors in title have been in possession for 20 to 50 years, and that such possession has been public, continuous, open, notorious, exclusive, uninterrupted,
and peaceable, and accompanied by a claim of right, satisfies this and other sections on the subject. Western Union Tel. Co. v. Georgia R.R. & Banking Co., 227 F. 276 (S.D. Ga. 1915).
RESEARCH REFERENCES Am. Jur. 2d. - 3 Am. Jur. 2d, Adverse Possession, §§ 7, 8. 63A Am. Jur. 2d, Public Lands, § 77. C.J.S. - 73B C.J.S., Public Lands, § 267.
ALR. - Writing as essential to color of title in adverse occupant of land, 2 ALR 1457.
ARTICLE 2 CONVEYANCES Cross references. - Real estate transfer taxes, § 48-6-1 et seq.
RESEARCH REFERENCES ALR. - Effect of designating grantee in deed or mortgage by firm name, 1 ALR 564; 8 ALR 493. Parol evidence to prove title to real property when the title is only collaterally involved, 1 ALR 1143. Test of conveyance as quitclaim or otherwise, 3 ALR 945. Bona fides of purchaser of note on an executory consideration, performance of which is a condition precedent, 3 ALR 987; 100 ALR 1357. Specific performance of land contract where there is a deed blank as to grantee in chain of title, 4 ALR 408. Time for performance of contract for sale or exchange of land where time fixed by contract has been waived, 4 ALR 815. Property included in a lease of premises described by street number, 8 ALR 673. What are ‘‘minerals’’ within deed, lease, or license, 17 ALR 156; 86 ALR 983. Validity and effect of deed to ‘‘heirs’’ of living person, 22 ALR 713. Understatement by vendor of real property as to yearly taxes, 29 ALR 621. Validity and effect of deed executed in blank as to name of grantee, 32 ALR 737; 175 ALR 1294. Taking or remaining in possession under executory contract for the purchase of land as waiver of right to complain of defects in or failure of vendor’s title, 34 ALR 1321. Effect of unauthorized delivery or fraudulent procurement of escrow on title or interest in property, 48 ALR 405; 54 ALR 1246. Questions arising in connection with possibilities of reverter, 51 ALR 1473. Quantum of estate passing to grantee as affected by language in deed purporting to express his intention that property is to go to third person upon his death, 52 ALR 540. Validity, construction, and effect of provision in real estate mortgage as to rents and profits, 55 ALR 1020; 87 ALR 625; 91 ALR 1217. Duty of purchaser of real property to disclose to the vendor facts or prospects affecting the value of the property, 56 ALR 429. Marketable title, 57 ALR 1253; 81 ALR2d 1020. Rule that particular description in deed
prevails over general description, 72 ALR 410. Deed of one acquiring vendor’s title as meeting vendor’s obligation, 109 ALR 182. Right of vendee prior to time fixed by contract for conveyance to complain of encumbrances or defects in title, 109 ALR 242. Validity and effect of deed which purports to convey specified acreage or quantity of land out of a larger tract, with or without a right of selection expressed, 117 ALR 1071. Inconsistency between description of land in instruments conveying same or affecting title thereto and description in another instrument referred to therein, 134 ALR 1041. Effect of provision in deed purporting to except or reserve a right in the grantor in respect of land or interest which he does not own, 136 ALR 644. Reformation on ground of mutual mistake regarding character or extent of estate or title imported by language used in instrument, 141 ALR 826. Rights or interests covered by quitclaim deed, 162 ALR 556. Effectiveness of reservation of vendor’s crop rights in land contract in absence of such reservation in deed later executed, 8 ALR2d 565. Nature of deed which may be required of vendor who is unable to convey title for which he has contracted, 13 ALR2d 1462. Who are within gift or grant to ‘‘offspring,’’ 23 ALR2d 842. Width of way created by express grant, reservation, or exception not specifying width, 28 ALR2d 253. Conveyance of real property to mortgagee or lienholder as constituting ‘‘sale or exchange’’ rendering owner liable for commissions to broker having exclusive agency or exclusive right to sell, 46 ALR2d 1116. Measure of vendee’s recovery in action for damages for vendor’s delay in conveying real property, 74 ALR2d 578. Deeds: meaning of term ‘‘dwelling’’ or ‘‘dwelling house’’ or ‘‘house,’’ as used in the conveyance or exception or reservation clauses, 38 ALR3d 1419. Property owner’s liability for unpaid taxes following acquisition of property by another at tax sale, 100 ALR3d 593. Restrictive covenants as to height of structures or buildings, 1 ALR4th 1021.
Liability to real-property purchaser for negligent appraisal of property’s value, 21 ALR4th 867. Option to purchase real property as affected by optionor’s receipt of offer for, or sale of, larger tract which includes the optioned parcel, 34 ALR4th 1217.
Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property ‘‘as is’’ or in its existing condition, 8 ALR5th 312.