O.C.G.A. § 51-9-5 (2019)
Effect of holding title when possession claimed by two persons
If two persons claim to have actual possession of the same land, the person having legal title shall be deemed to be in possession and the other person shall be considered a trespasser.
History
(Orig. Code 1863, § 2959; Code 1868, § 2966; Code 1873, § 3017; Code 1882, § 3017; Civil Code 1895, § 3878; Civil Code 1910, § 4474; Code 1933, § 105-1405.)
Annotations
JUDICIAL DECISIONS This section raises presumption of actual possession in favor of one who has legal title, until the contrary is proved. Stamper v. Griffin, 20 Ga. 312, 65 Am. Dec. 628 (1956). True owner’s rights good as against trespasser. - One who is the owner of land and takes possession of the same
while it is vacant, and thus prevents an intruder who is temporarily absent from reentering thereon, is not liable to the intruder in damages on account of such entry on the land. Varellas v. Varellas, 109 Ga. App. 279, 136 S.E.2d 21 (1964). Cited in Graves v. Ashburn, 215 U.S. 331, 30 S. Ct. 108, 54 L. Ed. 217 (1909).
RESEARCH REFERENCES Am. Jur. 2d. - 75 Am. Jur. 2d, Trespass, § 30 et seq. C.J.S. - 87 C.J.S., Trespass, § 17 et seq.
ALR. - Possession of real property as notice of diverse coexistent interests of possessor, 74 ALR 355.