Georgia Squatters Rights and Adverse Possession Laws (2026)

Georgia requires 20 years of adverse possession to claim title without written evidence of ownership, or just 7 years under color of title. The 2024 Georgia Squatter Reform Act (HB 1017, effective April 24, 2024) added a separate magistrate-court affidavit path that lets a property owner remove an unlawful occupant within 3 days of filing.

Verified as of May 2026. Georgia adverse possession periods: O.C.G.A. § 44-5-163 (20 years, no color of title) and O.C.G.A. § 44-5-164 (7 years, color of title). Anti-squatting law: Georgia Squatter Reform Act, HB 1017, effective April 24, 2024, amending O.C.G.A. § 16-7-21 and Title 44, Chapter 11. Standard dispossessory process: O.C.G.A. § 44-7-50 through § 44-7-59.

Jurisdiction scope: This page covers Georgia state law only. For a comparison of squatters rights rules across all 50 states, see the national squatters rights guide.

Adverse Possession in Georgia: Period and Elements

Georgia recognizes two adverse possession tracks, both governed by the prescription statutes in O.C.G.A. Title 44, Chapter 5, Article 4.

Without color of title - 20 years (O.C.G.A. § 44-5-163)

When a person occupies land without any written instrument purporting to convey title, Georgia requires 20 years of uninterrupted possession before a court will award prescriptive title. The statute requires that possession be under a claim of right.

Under color of title - 7 years (O.C.G.A. § 44-5-164)

When a person holds a written instrument that appears to transfer title but is legally defective (for example, a deed with a flawed legal description or a gap in the chain of title), the required period falls to 7 years. The written instrument is the "color of title," and it also defines the boundaries of the parcel that can be claimed.

No tax-payment requirement

Georgia does not require an adverse possessor to have paid property taxes during the prescriptive period. This distinguishes Georgia from states such as California and Arizona where tax payment is a statutory element.

The five elements

Both the 20-year and 7-year tracks require proof of all five elements simultaneously throughout the entire prescriptive period:

1. Actual possession. The claimant must physically occupy and use the land in a manner consistent with its character. Cultivating, fencing, building on, or maintaining the land all qualify as actual possession.
2. Open and notorious. The occupation must be visible and obvious enough that a reasonable property owner inspecting the land would notice someone else is in possession. Hidden or concealed use does not satisfy this element.
3. Exclusive. The claimant must hold the land to the exclusion of the true owner and the general public, exercising dominion as a true owner would. Shared use with others typically defeats exclusivity.
4. Hostile. Possession must be without the owner's permission. If the owner licenses or consents to the occupation at any point, the hostile element fails and the prescriptive clock resets. "Hostile" does not require ill intent; it simply means without permission.
5. Continuous. Possession must be uninterrupted for the full prescriptive period. Brief abandonments or gaps can restart the clock. Georgia courts allow "tacking," meaning a claimant may add together the periods of successive possessors in privity with each other to reach the required total.

Any gap in any element restarts the clock. Georgia courts scrutinize adverse possession claims carefully, and the claimant bears the burden of proving every element by clear and convincing evidence.

How to Remove a Squatter in Georgia

Georgia property owners have two legally distinct removal paths depending on the nature of the occupation.

Path 1: The HB 1017 Magistrate-Court Affidavit Process

The Georgia Squatter Reform Act (HB 1017, effective April 24, 2024) added a fast-track removal procedure under Title 44, Chapter 11 for property owners dealing with unlawful occupants who have no rental agreement or other legal basis to be on the premises.

Step-by-step process:

1. File a sworn property affidavit in magistrate court. The affidavit must state that the affiant is the lawful owner of the property, that the occupant has no rental agreement and no legal right to occupy the premises, and that the occupant entered the property to reside there without authorization.
2. Serve the affidavit on the occupant. The court facilitates service through a sheriff, deputy, or constable.
3. The occupant has an opportunity to file a counter-affidavit asserting a legal basis for occupancy (for example, a lease, a deed, or a family relationship that creates a tenancy). If the occupant files a counter-affidavit, the matter proceeds as a contested hearing rather than a summary removal.
4. If no counter-affidavit is filed, the sheriff, deputy, or constable may remove the occupant from the property within 3 business days of the owner's affidavit.

HB 1017 also amended O.C.G.A. § 16-7-21 to make entering land or a structure to reside there without authorization criminal trespass. This means law enforcement can treat an unlawful squatter as a criminal trespasser rather than a civil matter from the outset.

When the HB 1017 path is not available:

The affidavit process applies to occupants with no legal connection to the property. If a landlord-tenant relationship exists, even an informal one, the owner must use the standard dispossessory process. Courts look at the substance of the arrangement, not just the label the parties use.

Path 2: Standard Dispossessory Under O.C.G.A. § 44-7-50

The dispossessory (eviction) process under O.C.G.A. §§ 44-7-50 through 44-7-59 applies when the occupant has a rental agreement, a tenancy at will, or some other legal basis for initially being on the property that has ended.

The process in summary:

1. Demand to vacate. The landlord or property owner makes a written or oral demand that the occupant leave the premises.
2. File a dispossessory affidavit in the magistrate court of the county where the property is located. The affidavit states the basis for possession (lease, tenancy, etc.) and the grounds for removal (nonpayment, holdover, lease violation, etc.).
3. Service on the occupant. The court serves the summons on the occupant, who then has 7 days to file a written answer.
4. Hearing. If the occupant files an answer, the court schedules a hearing. If no answer is filed, the court may issue a default judgment for the property owner.
5. Writ of possession. After judgment in the owner's favor, the court issues a writ of possession. The sheriff executes the writ and removes the occupant, typically within a few days of issuance.

No self-help removal. Georgia law prohibits property owners from removing an occupant by force, changing locks, shutting off utilities, or removing belongings without a court order. Violating this rule exposes the owner to civil liability and potentially criminal charges. The dispossessory statute is the exclusive legal remedy once a tenancy relationship exists.

Georgia Squatters Rights FAQ

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Legal disclaimer: This page provides general legal information about Georgia squatters rights and adverse possession law. It is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Georgia attorney before taking or forgoing any legal action related to property rights or occupancy disputes.

Sources

• O.C.G.A. § 44-5-163 - Prescription without written evidence of title (20-year period). Georgia General Assembly. https://www.legis.ga.gov/
• O.C.G.A. § 44-5-164 - Prescription under color of title (7-year period). Georgia General Assembly. https://www.legis.ga.gov/
• O.C.G.A. § 16-7-21 - Criminal trespass, as amended by HB 1017 (2024). Georgia General Assembly. https://www.legis.ga.gov/
• O.C.G.A. §§ 44-7-50 through 44-7-59 - Dispossessory proceedings. Georgia General Assembly. https://www.legis.ga.gov/
• Georgia HB 1017 (2024) - Georgia Squatter Reform Act, effective April 24, 2024. Georgia General Assembly. https://www.legis.ga.gov/legislation/en-US/Display/20232024/HB/1017
• Title 44, Chapter 11 - Removal of persons holding over; property affidavit process (as amended by HB 1017). Georgia General Assembly. https://www.legis.ga.gov/

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Page last reviewed: May 2026. Georgia law; not valid in any other state.

For squatters rights laws in other states, see the national squatters rights guide.