O.C.G.A. § 44-5-159.4 (2019)
Construction with federal law
This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History
(Code 1981, § 44-5-159.4, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)
Annotations
Law reviews. - For article surveying Georgia cases in the area of real property
from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).
For note, ‘‘Adverse Possession of Municipal and County Property Held for Propri-
etary Purposes: The Unique Georgia Development,’’ see 7 Ga. St. B.J. 482 (1971).
JUDICIAL DECISIONS Possession of land remaining with grantor and never surrendered is deemed held under grantee. Such possession is construed as consistent with the grantor’s recorded deed, and is not notice to an innocent purchaser from the grantee of any mistake in the deed whereby a larger tract was inadvertently conveyed than the parties to the deed intended. Under these circumstances such possession, although remaining with the grantor and
never surrendered, is not deemed adverse to the title of the grantor’s grantee, and a prescriptive title in favor of the grantor can never ripen under such possession. Stepp v. Stepp, 195 Ga. 595, 25 S.E.2d 6 (1943). Cited in Carnes v. Pittman, 209 Ga. 639, 74 S.E.2d 852 (1953); Lightfoot v. Applewhite, 212 Ga. 136, 91 S.E.2d 37 (1956); Mann v. Carter, 213 Ga. 85, 97 S.E.2d 137 (1957).
RESEARCH REFERENCES ALR. - Loss of easement by adverse possession, or nonuser, 1 ALR 884; 66 ALR 1099; 98 ALR 1291; 25 ALR2d 1265. Adverse possession as against vendor by one who enters under executory contract, 1 ALR 1329. Adverse possession of common, 9 ALR 1373. Necessity of actual possession to give title by adverse possession under invalid tax title, 22 ALR 550. Act of trespasser as interrupting adverse possession, 22 ALR 1458. Holder of invalid tax title as within occupying claimant’s act, 44 ALR 479. Adverse possession of railroad right of way, 50 ALR 303. Adverse possession or prescription as affected by owner’s informal consent subsequent to hostile entry, 65 ALR 128. Possession by widow after extinguishment of dower as adverse to heirs or their privies, 75 ALR 147. Rule against accumulation of income as applicable to income from personalty, or real property equitably converted into personalty, 75 ALR 196. Time covered by pendency of suit discontinued without decision on merits as included in computation of period of adverse possession, 80 ALR 439. Right of cotenant to acquire and assert adverse title or interest as against other cotenant, 85 ALR 1535. Time during which dominant and servient tracts were in same ownership or under same control as excluded or included in deter-
mining easement by prescription, 98 ALR 591. Sufficiency of compliance, as regards payment of taxes, with limitation statute requiring payment of taxes as a condition of adverse possession, 132 ALR 216. Adverse possession by religious society, 4 ALR2d 123. Tacking adverse possession of area not within description of deed or contract, 17 ALR2d 1128. Adverse possession: sufficiency, as regards continuity, of seasonal possession other than for agricultural or logging purposes, 24 ALR2d 632. Acquisition of title to ground through adverse possession by cemetery or graveyard authorities, 41 ALR2d 925. Adverse possession of executor or administrator or his vendee as continuous with that of ancestor and heirs, 43 ALR2d 1061. Acquisition by user or prescription of right of way over unenclosed land, 46 ALR2d 1140. Acquisition by adverse possession or use of public property held by municipal corporation or other governmental unit otherwise than for streets, alleys, parks, or common, 55 ALR2d 554. Easement by prescription in artificial drains, pipes, or sewers, 55 ALR2d 1144. Acquisition of right of way by prescription as affected by change of location or deviation during prescriptive period, 80 ALR2d 1095. Adverse possession involving ignorance or
mistake as to boundaries - modern views, 80 ALR2d 1171. Use of property by public as affecting acquisition of title by adverse possession, 56 ALR3d 1182. Adverse possession between cotenants who are unaware of cotenancy, 27 ALR4th 420. Presumptions and evidence respecting
identification of land on which property taxes were paid to establish adverse possession, 36 ALR4th 843. Grazing of livestock, gathering of natural crop, or cutting of timber by record owner as defeating exclusiveness or continuity of possession by one claiming title by adverse possession, 39 ALR4th 1148.