'Squatters' rights' fall under 'adverse possession' statute in Georgia law
DECATUR, Ga. - A FOX 5 Atlanta story about a Decatur man, who said he returned from a year-long military deployment to find his home trashed by squatters, has some wondering about squatter's rights in Georgia.
Property disputes can lead to legal battles over rights to the property's title if that property is unoccupied for a period of time.
Here are the basic elements of so-called "squatters' rights" in Georgia, and why the concept can make property battles complicated.
SOLDIER SAID HE RETURNED TO DECATUR HOME TO FIND IT DAMAGED BY SQUATTERS
Definition of ‘squatters’ rights' in Georgia
Squatters' rights falls under a state statute called "adverse possession."
The statute allows someone to gain ownership of another person's property by living there uninterrupted for 20 years.
Until that happens, squatters can take up residence in an unoccupied house and claim they have rights to be there. The law can prevent them from being forced out.
According to the Nolo legal encyclopedia, the squatter's possession must be public, continuous and peaceable.
When, why was ‘adverse possession’ created?
The legal concept of adverse possession varies state-to-state.
Essentially, it facilitates a transfer of property title ownership from one person to another if that property is neglected or abandoned. It pertains mostly to long-term scenarios, however.
The legal concept is connected to the statute of limitations. A Cornell University Law School thesis from 1890 traces citations of legal concepts of statute of limitations as early as the 16th century.
"It would be unjust and would result in the instability of property rights, were owners of land required, after the time limited by the statute, to produce evidence of a valid holding, when such evidence might be difficult or even impossible to procure," the thesis states.
What can landlords or homeowners do about squatters?
The homeowner or landlord has to evict the squatter, which is a civil matter under Georgia law.
Squatters can be difficult to move and require legal action from the person claiming to be the original titleholder, according to the information legal portal Lawrina.