Color of title and adverse possession

[1mark]

What is the name of your state (only U.S. law)? Georgia

I am wanting to know if you bought land with house and were pointed out survey pins as being to property the line and later found out that it was not true (13 yrs.) could you claim adverse possession under color of title? If not then must you prove 20 years for prescriptive title? I've hear that that is what this falls under Ga code 44-4-7

(44-4-7 - When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession.).

But if the inaccuracy of not having the proper pin could make claim under color of title I could get prescriptive title under Ga codes 44-5-164 and 44-5-161? I have always maintained, cultivated, and improved the land well within the legal description of adverse possession.

(44-5-164 - Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.)

(44-5-161 - (a) In order for possession to be the foundation of prescriptive title, it:
(1) Must be in the right of the possessor and not of another;
(2) Must not have originated in fraud except as provided in Code Section 44-5-162;
(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4) Must be accompanied by a claim of right.
(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. )

I know it is long and I am unsure about the law as it says many things.

Thank You,
1Mark

[HomeGuru]

Originally Posted by 1mark

What is the name of your state (only U.S. law)? Georgia

I am wanting to know if you bought land with house and were pointed out survey pins as being to property the line and later found out that it was not true (13 yrs.) could you claim adverse possession under color of title? If not then must you prove 20 years for prescriptive title? I've hear that that is what this falls under Ga code 44-4-7

(44-4-7 - When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession.).

But if the inaccuracy of not having the proper pin could make claim under color of title I could get prescriptive title under Ga codes 44-5-164 and 44-5-161? I have always maintained, cultivated, and improved the land well within the legal description of adverse possession.

(44-5-164 - Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.)

(44-5-161 - (a) In order for possession to be the foundation of prescriptive title, it:
(1) Must be in the right of the possessor and not of another;
(2) Must not have originated in fraud except as provided in Code Section 44-5-162;
(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4) Must be accompanied by a claim of right.
(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. )

I know it is long and I am unsure about the law as it says many things.

Thank You,
1Mark

**A: please tell us your real specific issue.