Georgia Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • Adverse possession requires twenty years of public, continuous, exclusive and peaceful possession under a claim of right.
  • A claimant possessing land in good faith under a written document that appears to give title can win after seven years.
  • Since 2024, an owner can generally file an affidavit of intruder, after which officers can cite the occupant, and a court hearing follows within a few business days if the occupant shows a valid lease.

Georgia requires twenty years of possession for adverse possession, or seven years under a written claim of title. A 2024 law created a faster route for owners to have unauthorized occupants removed.

Georgia squatters rights at a glance

RuleGeorgiaLaw
Adverse possession periodAdverse possession requires twenty years of public, continuous, exclusive and peaceful possession under a claim of right.O.C.G.A. section 44-5-163
Claim under a document (color of title)A claimant possessing land in good faith under a written document that appears to give title can win after seven years.O.C.G.A. section 44-5-164
How owners remove occupantsSince 2024, an owner can generally file an affidavit of intruder, after which officers can cite the occupant, and a court hearing follows within a few business days if the occupant shows a valid lease.Squatter Reform Act (HB 1017, 2024)

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. Adverse possession requires twenty years of public, continuous, exclusive and peaceful possession under a claim of right. (O.C.G.A. section 44-5-163)

Claim under a document (color of title). A claimant possessing land in good faith under a written document that appears to give title can win after seven years. (O.C.G.A. section 44-5-164)

Removing an unauthorized occupant

How owners remove occupants. Since 2024, an owner can generally file an affidavit of intruder, after which officers can cite the occupant, and a court hearing follows within a few business days if the occupant shows a valid lease. (Squatter Reform Act (HB 1017, 2024))

Where the case is filed. Dispossessory cases are usually filed in the magistrate court of the county where the property is located. (O.C.G.A. section 44-7-50)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. Generally, a landlord should not change locks or remove a tenant's belongings without a writ of possession carried out under court supervision. (Official Code of Georgia, Title 44 Chapter 7)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Georgia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Georgia attorney about your situation.

Laws named on this page

  • O.C.G.A. section 44-5-163
  • O.C.G.A. section 44-5-164
  • Squatter Reform Act (HB 1017, 2024)
  • O.C.G.A. section 44-7-50
  • Official Code of Georgia, Title 44 Chapter 7

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How long does adverse possession take in Georgia?

Adverse possession requires twenty years of public, continuous, exclusive and peaceful possession under a claim of right. Source: O.C.G.A. section 44-5-163.

How does an owner remove a squatter in Georgia?

Since 2024, an owner can generally file an affidavit of intruder, after which officers can cite the occupant, and a court hearing follows within a few business days if the occupant shows a valid lease. Source: Squatter Reform Act (HB 1017, 2024).

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.