Ever heard the phrase “possession is nine-tenths of the law”? It’s not that simple. Adverse Possession is a legal theory under which an individual (or entity) acquires title to real property by having continuously possessed that land for a substantial period. But the name itself is a bit of a misnomer because possession must be both without the permission of the true owner and peaceable. Historically, this tool existed as a reward, vesting title to land in the one who maintains and cares for that land. But times change.

Georgia law provides that one who has possessed, to the exclusion of all others, some portion improved of real estate for seven years or unimproved real estate for twenty years can receive title to that land through a quiet title action. More often than not, however, Adverse Possession claims arise as a defense against allegations of trespass during disputes about boundary lines, encroachments, or private rights of way.