Georgia Squatter Laws
Georgia squatter laws allow an individual to make an adverse possession claim if they live on, maintain, and pay taxes on an unoccupied property for 20 years.
Written by Kara Vanderbeek
Reviewed by Melanie Reiff
If you’re a property owner in
Georgia
, it’s important to brush up on the squatter laws in your state. Under Georgia law, squatters can claim adverse possession of property after twenty years of continuous occupation and property tax payment.Although many people perceive squatting as synonymous with breaking and entering, there are some cases in which squatting is perfectly legal. However, for property owners with unoccupied property, this isn’t always the best news.
To answer all of your squatting-related questions,
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super app Jerry
has created a guide to squatter laws in Georgia. In this guide, we’ll discuss the difference between squatting and trespassing, the requirements for an adverse possession claim, and provide helpful tips for protecting yourself from squatters. RECOMMENDED
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Who’s considered a squatter in Georgia?
In Georgia, an individual who occupies an unoccupied home or property without lawful permission is considered a squatter. Accordingly, squatters have zero ownership rights to the property and don’t pay rent.
Squatting vs. trespassing vs. holdover tenants
The distinction between squatting and criminal trespassing lies in whether or not the property owner has made it clear to the individual that they are unwelcome on the property.
If someone enters your occupied property without your permission, it is a case of criminal trespassing, whereas if an individual takes up residence on an abandoned property without any indication of being unwelcome, it isn’t technically illegal.
Holdover tenancies also exist in the grey area between legal and illegal residency. In such cases, tenants refuse to vacate upon the termination of their lease, at which point the tenants are considered to be criminally trespassing. However, if their landlord continues to accept rent payments, they’ll be considered tenants at will.
Adverse possession laws in Georgia
Adverse possession laws date back to the 1300s, and first originated as a legal concept to allow a trespasser or squatter to gain legal ownership of someone else's property.
According to Georgia’s adverse possession laws, or “squatters rights laws”, squatters who have lived on a real estate property for at least 20 uninterrupted years can claim adverse possession and have the property’s legal title changed.
To do so, the squatter must acquire the property publicly and pay property taxes.
You can think of adverse possession as a legal surrendering of sorts. Since the actual property owner cannot remove the squatter after this time, it follows that they legally transfer the property title to the squatter.
To claim land under the adverse possession law, an individual must meet the following requirements.
Hostile possession
To make an adverse possession claim in Georgia, the occupier must make a ‘hostile’ claim to the land. In this case, “hostile” does not refer to an aggressive takedown of the property owner. Instead, it can take on the following definitions:
- Awareness of trespassing: A squatter is aware that they’re illegally trespassing
- Simple occupation: A squatter isn’t required to know they’re trespassing
- Good faith mistake: A squatter may be under the impression that they occupy the property, but their documents are invalid
Active possession
Squatters must maintain active possession of the property to meet the requirements of a claim. Accordingly, squatters must use the property as the legal owner would, and attend to maintenance, landscaping, repairs, and property improvements.
Open and notorious possession
To meet the requirements for an open and notorious claim, it must be obvious to anyone—including the property owner—that the squatter is living there and using the property. If a squatter has attempted to conceal their occupation of the property, they cannot meet the claim requirements.
Exclusive possession
The squatter must be the sole occupant of the property and the only one with tax payment records. If the squatter has been using the property while other individuals—including the property owner—have been occupying it, the law won’t recognize a possession claim.
Continuous possession
Finally, and most notably, the squatter must be in continuous possession of the property for twenty years. If the individual leaves the property for weeks or months during that time, the claim will be invalidated under Georgia law.
Key takeaway An adverse possession claim requires twenty years of continuous residence, use, or improvement of the property, along with twenty years of property taxes.
Does Georgia honor color of title claims?
Georgia's adverse possession law dictates that the standard possession period is 20 years. However, there is an exception. Under the
Georgia Code
, trespassers may be granted legal ownership of the property if they have occupied land under ‘color of title’. With a color of title claim, an individual may be granted possession of property despite having a defective claim to the property. For example, an occupier may have an invalid deed to property or faulty tax payment records, but if documentation demonstrates the individual to have acted in good faith, they can be granted the title of the property.
In these cases, the occupants must live at the property continuously for seven years, rather than twenty.
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How to protect yourself from squatters
To protect yourself and your property from the legal challenges that squatters may bring, you can follow these tips:
- Regularly visit and inspect your property for any unwelcome visitors
- Secure your property’s entrances, windows, and doors with steel fittings, alarms, and locks
- Indicate that squatters will not be tolerated by posting ‘No trespassing. All trespassers will be prosecuted’ signs
- Formally evict any squatters from your property
- Have a physical presence on the property, even if you’re not home. Ask your neighbor to check on your property for you when you’re out of town
How to find affordable home and car insurance in Georgia
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FAQs
How long can squatters stay in Georgia?
After a property owner has provided notice to the squatters that they must evict the property, the squatter must move out after the expiry of the notice period. If the squatter has not moved out, the matter should be taken to court.
Do squatters have to pay property taxes in Georgia?
To gain legal ownership of a property in Georgia, squatters must pay property taxes.
Is it illegal to squat in a home?
If squatters do not fulfill the requirements for an adverse possession claim, they can be arrested for trespassing. Further, if a property owner has made it known that the squatters are unwelcome on the property and they continue to trespass, they can be criminally charged.
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