Squatters' Rights in Georgia (2026): Adverse Possession Laws

Georgia Squatters’ Rights: Quick Facts (2026)

Before we get into the details, here is the Georgia-specific data every landlord should know. These figures come straight from the Georgia statutes and are current as of July 2026.

Question	Georgia rule
Standard adverse possession period	20 years
Shorter paths	7 years with color of title (O.C.G.A. § 44-5-164)
Must the squatter pay property taxes?	Not required
Key statute	O.C.G.A. § 44-5-163
How landlords remove a squatter	Serve written notice, then file an eviction (unlawful detainer) or ejectment action in court — never remove a squatter yourself

This is general information, not legal advice — statutes change and courts add nuance, so confirm current law with a Georgia attorney.

Squatter’s rights in Georgia give certain opportunities to a squatter in order to gain title or possession of a vacant property, if they meet the minimum requirements.

For that reason, if you have rental property in Georgia, it is important to be prepared, educated, and know this information to possibly avoid a lengthy and costly situation.

In this article, we will highlight what a squatter is, how squatter’s rights in Georgia work, and what you can do to protect your property from a squatter.

Quick refresher before the Georgia-specific rules: a squatter occupies property without the owner's permission (unlike a trespasser, who can be removed by police immediately, a squatter claims some right to be there), and adverse possession is the legal doctrine that can eventually turn long-term occupation into actual ownership. Courts require possession to be hostile, actual, open and notorious, exclusive, and continuous. We cover all five elements in depth in our national guide to squatters’ rights and adverse possession — everything below is about how Georgia applies them.

Squatter’s Rights in Georgia

Georgia calls adverse possession “prescription.” Under O.C.G.A. § 44-5-163, a squatter who maintains possession that is public, continuous, exclusive, uninterrupted, peaceable, and under a claim of right for 20 years acquires prescriptive title. With color of title — a written document that appears to convey ownership but is defective — O.C.G.A. § 44-5-164 shortens that to 7 years.

Two Georgia-specific wrinkles matter for landlords. First, possession that began with the owner’s permission (a tenant, a family member you let stay) never counts toward prescription until the occupant clearly repudiates that permission — so a holdover tenant is not quietly accruing ownership rights. Second, since the 2024 Squatter Reform Act, unlawful squatting is a misdemeanor and the practical removal timeline has collapsed from months to days, which makes it far harder for anyone to build the decades of undisturbed possession the statute demands.

Questions?

Chat with a Squatters Rights Expert Now! Start Chat

Does Color of Title Help in Georgia?

A squatter has color of title when they hold a defective ownership document — a bad deed, a botched foreclosure paper. In Georgia, color of title cuts the required period from 20 years to 7 (O.C.G.A. § 44-5-164). Our adverse possession guide covers the doctrine in full.

How to Remove Squatters in Georgia

Georgia’s rules changed sharply with the Squatter Reform Act (HB 1017, effective April 2024): unlawful squatting is now a misdemeanor, police can issue a citation, and the occupant has 3 business days to produce valid documentation or vacate. For occupants who claim tenancy, the dispossessory process in magistrate court is still the standard route.

It is important to note that squatter’s rights in Georgia grant a squatter certain rights compared to a trespasser, and dealing with a squatter requires caution from the landlord.

For that reason, when dealing with a someone that has taken possession of a property without the owner’s permission, it is recommended to consult a local attorney that specializes in eviction law and has vast knowledge of eviction laws and squatter’s rights in Georgia.

Although, in most cases, evicting a squatter must be handled through the Georgia court system with judicial action, there are certain avenues a landlord or property manager can take in order to remove a squatter from their property.

Call the Sheriff

The sheriff’s office may be unable to remove the person from the property if the person taking possession of the property is considered a squatter and not a trespasser.

However, calling the sheriff is a good initial step because it logs a record of the incident and generates a report that the property owner can then show as evidence, if the case escalates to the court system.

Serve a Notice to Vacate

During the eviction process, the property owner or manager must give notice to the person occupying the property before they can be legally removed by the sheriff’s office.

And even though, at the early stages, you may not be looking at a situation in which you have to involve the court system, If the squatter does not have a legal claim to the property through adverse possession or color of title, in Georgia, a landlord can remove a squatter by serving them with an Eviction Notice.

Georgia property laws do not specify the amount of time the eviction notice must contain. It is up to the landlord how many days they will allow the squatter or tenant to remain in the property before being evicted.

It can be anywhere from 24 hours to as many as 60 days.

Start the Eviction Proceedings

Evicting a squatter requires due processes from the part of the landlord and requires a careful approach.

If a squatter is claiming adverse possession and is refusing to leave the premises after the time period allotted in the Eviction Notice, then the next step would be to start proceedings in the county’s court.

This will initiate a hearing process in which the case will be presented in front of a judge and a ruling will be made based on the case details.

We recommend consulting an attorney with vast knowledge of property law in Georgia in order to avoid possible legal recourses against you, or the property.

How to Keep Squatters Out of Your Georgia Property

Prevention beats litigation every time — especially with a waiting period this consequential. The essentials:

• Visit vacant properties regularly and have a neighbor or property manager check between visits.
• Secure every entry point — locks, alarms, cameras, and good exterior lighting.
• Make it look occupied: maintained landscaping, mail collected, utilities on timers.
• Post and document: no-trespassing signage, dated photos, and a paper trail of every inspection.
• Act immediately — the clock only runs while possession goes unchallenged, so respond to any sign of occupation the day you find it.

PropertyCtrl can help you log inspections and maintenance so that paper trail builds itself.

Squatters’ Rights in Other States

Adverse possession deadlines vary wildly by state — from 5 years in California to 30 in New Jersey. Start with our national guide to squatters’ rights and adverse possession, or jump straight to another state:

• Squatters’ rights in Florida — 7 years
• Squatters’ rights in Tennessee — 20 years
• Squatters’ rights in North Carolina — 20 years
• Squatters’ rights in Virginia — 15 years
• Squatters’ rights in Ohio — 21 years

How PropertyCtrl can Help Protect your Property

PropertyCtrl offers a powerful and easy-to-use cloud-based property management software, with tools and resources that empower you to take control of every aspect of your rental property.

This is how PropertyCtrl’s features can help you avoid a potential squatter or adverse possession situation.

The information provided on this website does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.