O.C.G.A. § 44-5-171 (2019)
Effect of intervening disabilities; tacking
Prescription shall not run against persons under disability during the period of the disability. Upon removal of the disability the prior possession may be tacked or added to the subsequent possession to make out the prescription.
History
(Orig. Code 1863, § 2646; Code 1868, § 2645; Code 1873, § 2687; Code 1882, § 2687; Civil Code 1895, § 3594; Civil Code 1910, § 4174; Code 1933, § 85-412.)
Annotations
JUDICIAL DECISIONS Rights of minors and persons under disability protected. - Prescription will not
defeat rights of minors during infancy, nor persons under disability pending disability.
Miles v. Blanton, 211 Ga. 754, 88 S.E.2d 273 (1955). RESEARCH REFERENCES Am. Jur. 2d. - 3 Am. Jur. 2d, Adverse Possession, §§ 73, 76 et seq., 152 et seq., 166, 167, 171 et seq. C.J.S. - 2 C.J.S., Adverse Possession, §§ 152, 194. 43 C.J.S., Infants, §§ 163, 164. ALR. - Prescription or adverse possession as against one under disability of infancy, coverture, or mental incompetency, 43 ALR 941; 147 ALR 236. Rule that adverse possession of successive
holders may be tacked, in determination of period of limitation, as applicable chattels, 135 ALR 711. Adverse possession: right of remainderman or reversioner to tack his possession to that of life tenant, 150 ALR 557. Tacking as applied to prescriptive easements, 72 ALR3d 648.