Overview
Georgia’s laws on squatters’ rights and adverse possession can catch many property owners by surprise. This guide arms you with clear, actionable information—whether you own an investment building, a vacant lot, or inherited real estate—so that you can protect your interests and navigate any unwanted occupancy.
In this article, you’ll learn:
- What constitutes squatting under Georgia law
- How adverse possession works—and the strict 20-year rule
- Step-by-step eviction procedures for squatters
- Practical tips to prevent illegal occupation
Understanding Squatter’s Rights in Georgia
A squatter is someone who occupies a property—land, home, or outbuilding—without permission from the legal owner. Under Georgia law, merely occupying a property does not give ownership rights. However, if certain legal criteria are met over a prolonged period, the squatter may claim title through adverse possession.
Common situations include:
- Vacant or abandoned homes and lots
- Boundary disputes where neighbor encroachments occur
- Foreclosed properties left unsecured
Owners should remain vigilant: regular checks, secured entrances, and clear signage significantly reduce unauthorized use.
Adverse Possession in Georgia
Adverse possession is the legal doctrine allowing a non-owner to acquire title to real property under five strict requirements for a period of at least 20 consecutive years. Georgia also recognizes a color of title exception, reducing the requirement to 7 years if the squatter holds a defective deed or instrument.
To qualify, a squatter’s occupancy must be all of the following for the full statutory period:
- Hostile (without permission)
- Actual (physical possession and use)
- Open & Notorious (visible to others)
- Exclusive (no sharing with owner or public)
- Continuous (no significant breaks)
Failing to meet even one element defeats an adverse possession claim. Property tax payments by the occupier are not strictly required in Georgia, but they can bolster evidence of continuous, actual possession.
Learn more in the Official Code of Georgia Annotated §44-5-161.
Eviction Process for Squatters
Removing squatters in Georgia must follow formal legal steps. Owners may not forcibly evict without a court order. Below is a streamlined process:
- Notice to Vacate: Serve a written notice giving the occupants days to leave (commonly 24 hours–60 days). Georgia law does not mandate a minimum notice period, but clarity in writing is critical.
- Dispossessory Affidavit: File an eviction (“dispossessory”) affidavit in magistrate court where the property lies.
- Court Hearing: Attend the hearing. Present proof of ownership and trespass. The court will issue a Writ of Possession if you prevail.
- Law Enforcement Removal: With a Writ, sheriff’s deputies can physically remove squatters and their belongings.
- Secure the Property: Immediately change locks, board up windows, post “No Trespassing” signs, and consider alarms to prevent return.
Total timeline: typically 2–4 weeks, depending on court schedules. Always document each step and retain copies of notices and court filings.
Tips to Prevent Squatters
Proactive measures are your best defense against squatters:
- Regular Inspections: Visit vacant properties monthly (or more often) to look for signs of entry or habitation.
- Secure Entrances: Reinforce doors & windows, change locks after tenants move out, and install motion-sensor lighting.
- No Trespassing Signs: Clearly mark property boundaries: “Private Property — No Trespassing”.
- Alarm & Camera Systems: Visible security cameras and alarms deter unauthorized access and provide evidence if needed.
- Trusted Neighbor Network: Ask nearby owners to report suspicious activity immediately.
- Hire Property Managers: Professional oversight (rentals, maintenance) keeps properties occupied and monitored.
Frequently Asked Questions
Final Thoughts
Understanding squatters’ rights in Georgia and the doctrine of adverse possession is essential for every property owner. By staying informed, securing your properties, and following proper eviction procedures, you can protect your investments and avoid costly disputes.
Simpli Management offers powerful tools—from vacancy marketing to tenant screening and lease management—to keep your properties occupied, secure, and hassle-free. Explore our solutions and safeguard your real estate today.
