Understanding Georgia Property Laws and Their Implications

If you are a homeowner, your property is probably among your most valuable assets. It is considered an investment that, in theory, gains in value each year. Because of that, protecting your property is crucial. To do that, you must keep an eye on your property lines.

Adverse possession also referred to as “squatters rights law,” gives an individual who occupies a piece of land but is not its owner the right to gain ownership over that land under certain conditions. That individual may be a trespasser, but they could also be your neighbor.

As in the majority of other states, Georgia may establish adverse possession by determining factors such as how long the individual occupied the land and the nature of the possession. According to Georgia’s Code, the statutory period is usually 20 years of continuous possession.

In addition, the possession has to be:

• Actual possession, meaning the trespasser has control over the possessed property.
• Hostile – it has to be done without permission and against the right of the actual owner.
• Open, meaning the trespasser has to use the property without hiding their occupancy.
• Exclusive – the property has to be in possession of the trespasser alone.

Additional actions that may prevail in favor of courts granting adverse possession can include holding a title/deed that consists of the land in question, paying taxes on the property, and the supposed purchase of that land.

That said, Georgia courts will grant the trespasser’s land claim after seven years of land possession if they have some legal documents that can support the land occupation, such as records of taxes or a faulty deed. These documents can prove that they acted in good faith.

However, any property held by the local government or the State of Georgia is immune from adverse possession actions.

It is always recommended to contact a reliable attorney specialized in property and real estate law to discuss any adverse possession claim. If you want to learn more about adverse possession laws in Georgia, or need help with a property dispute, call Perigon Legal Services. Our team is always ready to provide you with the best possible advice.

Divorcing spouses have to divide their assets and property when a marriage ends. In divorce proceedings in Georgia, marital property is distributed following an equitable distribution theory. It means that courts divide all marital property acquired during the marriage equally between divorcing parties. 

Marital property includes all earnings during the marriage, assets acquired with these earnings, and marital property debts. On the other hand, the non-marital property consists of any assets either spouse owned before the marriage.

Division of property doesn’t mean a physical division but a percentage of the total value of the property awarded by the court to each spouse.

Remember that Georgia laws forbid the transfer of assets during a divorce if they aren’t made during the ordinary course of business. However, if you plan and have an asset protection strategy in place, that can strengthen your position in the event of a future property division battle.

There are often practical and legitimate options that can help shield your assets in many different circumstances through financial and estate planning. Stan Faulkner, an Atlanta asset protection lawyer, and his law firm have extensive experience protecting their clients on multiple fronts.

Perigon Legal Services can provide advanced strategies for estate plans and the preservation of your assets by working to protect your belongings and property and pass them along to your family and other heirs successfully.