Squatters Rights In Georgia: Everything You Need To Know

Squatters rights in Georgia are grounded in the legal doctrine of adverse possession. Under specific conditions, someone who unlawfully occupies a property may eventually become its legal owner. While the concept may seem counterintuitive, it exists to promote the use of otherwise neglected land. Property owners can protect themselves by staying informed and securing landlord insurance in Georgia.

Early in any discussion of squatters rights, it’s important to understand that Georgia law outlines strict criteria for claiming ownership through adverse possession.

Why Do Squatters Have Rights?

Squatters rights — also known as adverse possession — exist to encourage the productive use of land and discourage property neglect. If an owner abandons a parcel for years and someone else moves in, improves it, and treats it as their own, the law may eventually recognize the new occupant as the legal owner. Georgia, like most states, has codified this through its adverse possession statutes.

In Georgia, adverse possession can legally transfer property rights after:

• 20 years of continuous, exclusive, open, and notorious possession (without permission), or
• 7 years if the squatter has color of title — a faulty deed or other written document that appears to give them ownership.
  

Squatters Rights 30 Days: What You Should Know

There is no “30-day rule” for squatters rights in Georgia. While some tenants gain limited protections after 30 days of residence in leasehold situations, squatting is different. Squatters cannot claim adverse possession after 30 days — the minimum timeline is 7 years with color of title or 20 years without it. A squatter occupying a property for only a month is still considered a trespasser under Georgia law.

What Are Squatters Rights In Georgia?

Squatters rights in Georgia allow someone who lives on a property without permission to eventually claim legal title, if they meet the following conditions:

• Continuous Possession: Living on the property without interruption for 20 years, or 7 years with color of title.
• Hostile Possession: The squatter occupies the land without the owner’s consent.
• Open & Notorious: The squatter makes no attempt to hide their occupation — it must be obvious.
• Exclusive Possession: The squatter cannot share the space with the rightful owner or others.
• Actual Possession: The squatter uses the property as an owner would (maintaining it, making improvements, etc.).
  

What States Have Squatters Rights Like Georgia?

Georgia’s laws are similar to those in many other states, especially in requiring a long period of occupation before squatters rights apply. However, the 7-year rule with color of title is relatively generous. Some states require 10, 15, or 20 years regardless of title documentation.

Why Do Squatters Rights Exist?

The goal is to prevent land from sitting unused or abandoned. Adverse possession encourages people to maintain and improve neglected properties, ultimately putting them to better use. It also promotes clear title by resolving long-standing disputes over who truly possesses land.

How Do Squatters Rights Work In Georgia?

Here’s how the process might play out:

1. A person moves into an unoccupied property without permission.
2. They treat it as their own, live there openly, and don’t try to hide it.
3. After 20 years (or 7 with color of title), they can file a quiet title action in court.
4. If they prove they’ve met all criteria, a judge may award them legal ownership.
   

Can A Property Owner Remove A Squatter In Georgia?

Yes — but the process must follow legal eviction procedures:

1. Serve a notice to vacate (typically 3 days).
2. If the squatter refuses to leave, file for eviction in court.
3. After a hearing, if successful, the court will issue a writ of possession.
4. The county sheriff will enforce the eviction.
   

Attempting to self-evict (changing locks, removing belongings, etc.) is illegal and can lead to penalties.

Preventing Squatters In Georgia

Property owners can take the following steps to reduce risk:

• Post “No Trespassing” signs on vacant properties
• Keep buildings locked and secured
• Schedule regular inspections
• Inform neighbors when a property will be vacant
• Hire a property manager for remote or long-vacant properties
  

Holdover Tenants vs. Squatters

Georgia law differentiates between holdover tenants and squatters:

• A holdover tenant entered legally (under a lease), but stayed after the lease ended.
• A squatter never had permission to be there.
  

Holdover tenants are typically evicted under landlord-tenant law. Squatters may require a separate ejectment action if no rental agreement ever existed.

Color Of Title In Georgia Adverse Possession

“Color of title” refers to documentation that appears valid but is legally defective — such as a deed with a missing signature or improper description. If a squatter has color of title, they may be able to claim adverse possession in just 7 years (instead of 20), provided they also meet the usual requirements.

Do Squatters Have To Pay Property Taxes In Georgia?

While Georgia does not require squatters to pay property taxes to claim adverse possession, doing so strengthens their case — especially if they claim under color of title. Regular payment of taxes helps show that the squatter was acting in good faith as an owner.

Legal Liability For Property Owners

If an unauthorized occupant gets injured on your vacant property, you could still be held responsible in certain situations. Having landlord liability coverage can help protect you from legal claims — even if someone was trespassing.

FAQs

Do squatters in Georgia have to pay taxes?

No, Georgia law does not require squatters to pay property taxes to qualify for adverse possession. However, payment of taxes can support a claim, especially with color of title.

What happens if a squatter abandons the property before 20 years?

If the squatter leaves before meeting the continuous possession period (7 or 20 years), the claim resets. Interruption breaks the adverse possession timeline.

Can someone claim adverse possession of commercial property in Georgia?

Yes, adverse possession can apply to both residential and commercial properties in Georgia if all legal requirements are met.

Is squatting a crime in Georgia?

Squatting is typically a civil matter. However, it can become criminal trespassing if the squatter refuses to leave after receiving a legal notice or engages in illegal activity.

Can multiple people claim adverse possession together?

Yes, a group may claim adverse possession if they live together and jointly meet the requirements, but each person’s occupancy must contribute to the total possession.

Final Thoughts

Squatters rights in Georgia may seem unusual, but they play an important role in maintaining productive land use. While a squatter must meet strict requirements to take legal ownership of a property, the risk still exists for landlords — especially if the property sits vacant for long periods. Regular inspections, clear signage, and proper security can help you avoid costly disputes.

For added peace of mind, consider getting landlord insurance to protect your investment.

‍Get a fast, affordable quote and safeguard your property today.