What rights do squatters have in Georgia?
The owner or landlord must go through an eviction process. Squatting is considered a civil matter in Georgia.
DECATUR, Ga. – A story from FOX 5 Atlanta about a Decatur man who said he returned from a year-long military deployment to find his home ransacked by squatters raises some questions about squatter rights in Georgia.
Title disputes can lead to legal disputes over the title to the property if that property is unoccupied for a period of time.
Here are the basic elements of the so-called “squatter rights” in Georgia and why the concept can complicate property struggles.
SOLDIER SAID HE RETURNED TO DECATUR HOUSE TO FIND IT DAMAGED BY BEHAUSER
Definition of “squatter rights” in Georgia
Squatter rights fall under a state law called Prejudicial Possession.
The law allows someone to acquire ownership of another person’s property by living there continuously for 20 years.
Until then, squatters can settle into an unoccupied house and claim they have the right to be there. The law can prevent them from being evicted.
According to the Nolo Law Encyclopedia, the squatter’s possession must be public, continuous, and peaceful.
When and why was “inferior possession” created?
The legal concept of disadvantageous possession varies from state to state.
Essentially, it facilitates the transfer of title from one person to another when that property is neglected or abandoned. However, it mainly refers to long-term scenarios.
The legal concept is linked to the statute of limitations. A dissertation from Cornell University Law School from 1890 traces citations of legal concepts of the statute of limitations as early as the 16th century.
“It would be unfair and lead to instability of property rights for property owners to be required to provide proof of valid ownership after the time limited by law when such proof might be difficult or even impossible to obtain.” in the thesis.
What can landlords or homeowners do about squatters?
During the operation, squatters damage the soldier’s house
Duncan Fowler must go through the eviction process after returning home from a year-long assignment to find rubbish and property damage from squatters.
The homeowner or landlord must evict the squatter, which is a civil matter under Georgian law.
Squatters can be difficult to move and require legal action from the person claiming to be the original title holder, according to information rights portal Lavrina.
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