Squatter's Rights

Yeah, they're real.
What are the current Georgia time limitations on:
Prescriptive Title
Adverse Possession
Color of title

as related to claiming a piece of property?

I don't know about squatter's rights being real in GA.

elfiii said:

I don't know about squatter's rights being real in GA.

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They are real, kind of. You can heave them removed, it's just going to take you a year and a good attorney.

This is about all I know, lawyer up.

Could be 20 years could be 7 depending on situation or reason.

Google it , then get an attorney if you have a trespasser/squatter. File for a quiet title. It is a process.

If you are the trespasser/squatter there are situations where you may deserve some consideration, but rare.

Either way I can tell you that it can get ugly and costly.

jimbo4116 said:

Could be 20 years could be 7 depending on situation or reason.

Google it , then get an attorney if you have a trespasser/squatter. File for a quiet title. It is a process.

If you are the trespasser/squatter there are situations where you may deserve some consideration, but rare.

Either way I can tell you that it can get ugly and costly.

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I own fee simple title to the property (lake) bought in 2012. 60 year title search was done.
I have someone claiming prescriptive title for a dock they built on the lake in 2004 when the lake was under a bank mortgage.
This is in a housing development. Covenants state an HOA was to be established and developer would deed the lake to the HOA and a fee be collected.
HOA was never established.

NOTNKSNEMOR said:

I own fee simple title to the property (lake) bought in 2012. 60 year title search was done.
I have someone claiming prescriptive title for a dock they built on the lake in 2004 when the lake was under a bank mortgage.
This is in a housing development. Covenants state an HOA was to be established and developer would deed the lake to the HOA and a fee be collected.
HOA was never established.

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I am not an attorney.

That said, I have been involved in a couple of land title and easements cases.

Most closely to you my brother bought a house that shared a drive way entrance with the neighboring house.
No recorded easement and a clear title to the property.

Both women were widowers and got along well until the neighbors son moved home and my brother put a small mobile home for a disabled cousin to live in on the back of the property.

Their home had only the one entrance while my brother's had two entrances. The son did not like the shared use of the drive and claimed it was his property and brother could use the other drive. Which meant circling the house and still having to use the existing drive to get in the garage.

Long story short. My brother had a survey that showed most of the drive entrance was on his property, but most of the rest of the drive was on the neighbors. Judge ruled a prescriptive easement into perpetuity to both landowners for the entire drive that ran length of the property meandering from one to the other.

My point is it is no sure thing. What seems right to you may not seem right to the judge. Best thing to do is work it out with the trespasser if possible, but let him know you will go to the mat.

Present your case to a real estate attorney. Worth a couple hundred dollars to know what you are getting into.

Patriot44 said:

They are real, kind of. You can heave them removed, it's just going to take you a year and a good attorney.

This is about all I know, lawyer up.

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My personal experience is it takes more than a year even with a good attorney.

elfiii said:

My personal experience is it takes more than a year even with a good attorney.

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I was being nice, I wish that you could just shoot them and be done with it.

Jury's are picked by the lowest common denominator and companies and attorney's know this. "Kicking a man while he is down" works well when spoken by a fast talking attorney who knows how to play it.

Call your title insurance company, hoping this was purchased at the closing table.

NOTNKSNEMOR said:

Yeah, they're real.
What are the current Georgia time limitations on:
Prescriptive Title
Adverse Possession
Color of title

as related to claiming a piece of property?

Click to expand...

There are no set time limits. There are presumptions (meaning they can be rebutted) for certain time periods as it involves certain types of property.

These situations are very fact specific. The resolution is not a DYI project using information you have gleaned from the internet. See jimbo4116 post.

You need a good real estate attorney - one who has tried cases like this- not just a closing attorney.

Every day you delay in legally asserting your rights is one more day the prescriptive title (or easement) ripens.

Trying the band aid remedies from the internet could cost you dearly.

elfiii said:

My personal experience is it takes more than a year even with a good attorney.

Click to expand...

Patriot44 said:

I was being nice, I wish that you could just shoot them and be done with it.

Jury's are picked by the lowest common denominator and companies and attorney's know this. "Kicking a man while he is down" works well when spoken by a fast talking attorney who knows how to play it.

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I ain't got nothing good to say except that some people should be beaten about the head and ears ....
YOU know who you are ....

Patriot44 said:

They are real, kind of. You can heave them removed, it's just going to take you a year and a good attorney.

This is about all I know, lawyer up.

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I will never understand trespasser’s rights. Just doesn’t register for me since I have this crazy idea stuck in my head that property rights go with property ownership.

atlashunter said:

I will never understand trespasser’s rights. Just doesn’t register for me since I have this crazy idea stuck in my head that property rights go with property ownership.

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This is the craziest notion ever.
In my opinion some real estate attorney's are just one rung down from ambulance chasers.

Check if a permit was required to build said dock.
Check if it was obtained.
Check to see if said dock is in fact made of wood that is flammable