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2018 Georgia Code 44-5-171 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-5-171 Case Law from Google Scholar Amendments to OCGA 44-5-171

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 7 PRESCRIPTION

44-5-171. 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.

(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.)

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 A.L.R. 941; 147 A.L.R. 236.

Rule that adverse possession of successive holders may be tacked, in determination of period of limitation, as applicable chattels, 135 A.L.R. 711.

Adverse possession: right of remainderman or reversioner to tack his possession to that of life tenant, 150 A.L.R. 557.

Tacking as applied to prescriptive easements, 72 A.L.R.3d 648.

No results found for Georgia Code 44-5-171.