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Old 08-25-2009, 08:33 AM
 
426 posts, read 1,236,631 times
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However, the police often have problems with property that is bank-owned, abandoned, or where the owners do not care about the property. In those instances it is often difficult to determine who is squatting and who has the owner's permission to be on the property. Absentee owners makes laws very difficult to enforce.
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Old 08-29-2009, 06:18 AM
 
Location: Canton, GA
247 posts, read 1,149,739 times
Reputation: 186
Quote:
Originally Posted by cityrover View Post
BULLCRAP

court order = 1 page paper from your local probate court drawn up on the spot for like 75-100 (the owner of the property has to do that. if its a company in another state, that might be a problem) the real estate agent is not the owner and cannot request eviction. then you walk over to the sheriffs office with the paper and bring with you some backup and kick everybody out.

if you are the owner resident you can just shoot them if returning from a vacation or whatever as they are felony breaking and entering if they offer ANY resistance (up from simple tresspass)

please dont twist things.

there are no squatters rights in this state, as previously said numerous times

Why don't you stop twisting things and giving out inaccurate information:

Squatting is the act of occupying and abandoned space, usually residential that the squatter does not own, rent or have permission to use.

First, the owner will have to give a 30 day notice to vacate to the squatter. Only after these 30 days can an unlawful detainer be filed. It will take additional 3 weeks to a month to obtain a court order. The court order is taken to the Sheriff who then goes and kicks out the squatter.

Although I highly disagree with it, the owner can not just go in and demand they leave. They DO have rights once they squat in an unoccupied house. It sucks, but true.
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Old 08-30-2009, 11:27 AM
 
Location: Atlanta
625 posts, read 911,328 times
Reputation: 227
squatting is for China. Here we have toilets... we sit, not squat.
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Old 08-30-2009, 12:28 PM
 
9,124 posts, read 32,102,485 times
Reputation: 3519
Quote:
Originally Posted by graywolf73 View Post

Although I highly disagree with it, the owner can not just go in and demand they leave. They DO have rights once they squat in an unoccupied house. It sucks, but true.
Interesting. I'd think the only "right" they had was the right to take a few bullets for unlawful entry and endangerment- especially if I "happened upon them and was startled, fearing for my life" when I went to visit my property. Of course, this would only occur after first asking them politely to leave of their own accord.......
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Old 08-30-2009, 04:10 PM
 
110 posts, read 277,220 times
Reputation: 48
Quote:
Originally Posted by BobKovacs View Post
Interesting. I'd think the only "right" they had was the right to take a few bullets for unlawful entry and endangerment- especially if I "happened upon them and was startled, fearing for my life" when I went to visit my property. Of course, this would only occur after first asking them politely to leave of their own accord.......

Well said!!

I think the the sound of a 12 guage cocking is enough to convince most people to leave immediately!
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Old 08-30-2009, 08:21 PM
 
Location: Atlanta
3,463 posts, read 4,114,785 times
Reputation: 2162
Default Slap, Pull, Observe, Release, Tap forward assist, Shoot!

Quote:
Originally Posted by BobKovacs View Post
Interesting. I'd think the only "right" they had was the right to take a few bullets for unlawful entry and endangerment- especially if I "happened upon them and was startled, fearing for my life" when I went to visit my property. Of course, this would only occur after first asking them politely to leave of their own accord.......
Bob, you are too cool sometimes!
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Old 10-01-2009, 02:32 AM
 
Location: Atlanta Ga
2 posts, read 17,333 times
Reputation: 14
Default My friends call me Jack .

Well check you out ! Check out the big heart on Ole Rover . I hope people really do read this page . I have something funny to lay on you cool cats . NO REALLY ! This is going to make your day !!!!!!!!!!!!!

Ok so like I know this chick , right ? ...This lady is about 36-38 years old . Very good looking . Infact she is damn hot . She is the mother of two little girls , ages around six and ten I'm pretty sure . Up untill about a year ago she was happily married . Living the prefect life in a very up scale area . After she caught her husband cheating on her the marriage started down hill . Don't ask me how this happened in the state of Ga , but she got really screwed in divorce court . They left her with no means to pay the bills . So his cheating on his family then lead to a new wife , new life and a brand new forecloser on the old family home . Now this lady has no place to take her little girls . I believe it was the bank that picked the house up on the court house step . Hell I could have told you they would . The house only had about $ 75000 .00 put down on it . Plus the payment made over the last five years . No body was going to get that house out of the bankers hands .

So here is the good part ! These lawyers are being real hard on her . Playing hardball with this chick . They aren't giving her any kind of slack what so ever . They have even told her that they have hired a crew to come throw her belongings in the front yard in the morning if she is not out . Now you should see why I just had to throw my two cents in . Rover you reminded me of the guys she is dealing with .

HERES THE BEST PART ! I have seen something coming for a good while now . I guess you could say I have felt it . To be honest with you I can't wait to see if those big bad guys throw those two little girls out in the street along with their mother . What would you do , Rover ? Thats what I was thinking you'd say . I'm afraid that if I see that with my own eyes it will only act as a sign . One that will tell me what I felt coming is here . I know I'm not the only one who can see so clear what is so very wrong . What some will do for money will only bring out what others are willing to do with force to protect the weak from evil . I'm afraid that greed is about to start something that will lead to gun fire in the streets . The root is deep seeded also . As much as you feel you have the right reguardless of how wrong it is . So too do others see just how wrong all of you have become. It will only spread like wild fire . The rich leave the poor no choice.

With respect from now , Jack
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Old 12-12-2009, 12:28 PM
 
1 posts, read 16,300 times
Reputation: 12
Please let us know if they need help w/ Christmas.


Quote:
Originally Posted by J.T. Ripper View Post
Well check you out ! Check out the big heart on Ole Rover . I hope people really do read this page . I have something funny to lay on you cool cats . NO REALLY ! This is going to make your day !!!!!!!!!!!!!

Ok so like I know this chick , right ? ...This lady is about 36-38 years old . Very good looking . Infact she is damn hot . She is the mother of two little girls , ages around six and ten I'm pretty sure . Up untill about a year ago she was happily married . Living the prefect life in a very up scale area . After she caught her husband cheating on her the marriage started down hill . Don't ask me how this happened in the state of Ga , but she got really screwed in divorce court . They left her with no means to pay the bills . So his cheating on his family then lead to a new wife , new life and a brand new forecloser on the old family home . Now this lady has no place to take her little girls . I believe it was the bank that picked the house up on the court house step . Hell I could have told you they would . The house only had about $ 75000 .00 put down on it . Plus the payment made over the last five years . No body was going to get that house out of the bankers hands .

So here is the good part ! These lawyers are being real hard on her . Playing hardball with this chick . They aren't giving her any kind of slack what so ever . They have even told her that they have hired a crew to come throw her belongings in the front yard in the morning if she is not out . Now you should see why I just had to throw my two cents in . Rover you reminded me of the guys she is dealing with .

HERES THE BEST PART ! I have seen something coming for a good while now . I guess you could say I have felt it . To be honest with you I can't wait to see if those big bad guys throw those two little girls out in the street along with their mother . What would you do , Rover ? Thats what I was thinking you'd say . I'm afraid that if I see that with my own eyes it will only act as a sign . One that will tell me what I felt coming is here . I know I'm not the only one who can see so clear what is so very wrong . What some will do for money will only bring out what others are willing to do with force to protect the weak from evil . I'm afraid that greed is about to start something that will lead to gun fire in the streets . The root is deep seeded also . As much as you feel you have the right reguardless of how wrong it is . So too do others see just how wrong all of you have become. It will only spread like wild fire . The rich leave the poor no choice.

With respect from now , Jack
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Old 01-13-2010, 02:54 AM
 
26 posts, read 154,672 times
Reputation: 32
Adverse possession - North Georgia Mountain Homes and Real Estate in North Georgia from North Georgia Realtor Bob Marcy (http://www.mountainlivingnow.com/adverse-possession.html - broken link)
WikiAnswers - Georgia's adverse possession law
Quote:
O.C.G.A. § 44-2-140 (2007) - Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession.
O.C.G.A. § 44-6-123 (2007) - There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice of adverse possession. In such event, the cotenant may bring an action to recover possession.
O.C.G.A. § 44-4-7 (2007) - When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession.
O.C.G.A. § 44-5-43 (2007) - A deed to lands which is made while the lands are held adversely to the maker of the deed is not void.
O.C.G.A. § 44-5-161 (2007) - (a) In order for possession to be the foundation of prescriptive title, it:
(1) Must be in the right of the possessor and not of another;
(2) Must not have originated in fraud except as provided in Code Section 44-5-162;
(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4) Must be accompanied by a claim of right.
(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.
O.C.G.A. § 44-5-163 (2007) - Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170.
O.C.G.A. § 44-5-164 (2007) - Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.
O.C.G.A. § 44-5-168 (2007) - (a) Whenever mineral rights are conveyed or whenever real property is conveyed in fee simple but the mineral rights to such property are reserved by the grantor, the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid any taxes due on them for a period of seven years since the date of the conveyance and for seven years immediately preceding the filing of the petition provided for in subsection (b) of this Code section.
(b) In order to obtain absolute title to mineral rights in the circumstances described in subsection (a) of this Code section:
(1) The owner of the real property in fee simple or his heirs or assigns may file in the superior court for the county where the land is located a petition requesting relief in the nature of declaratory judgment. The petition:
(A) Shall contain all essential, required paragraphs, including jurisdiction;
(B) Shall contain the name and last known address of the grantor of the property reserving the mineral rights and the names and last known addresses of his heirs or assigns or any other person known by the plaintiff to have an interest in the mineral rights;
(C) Shall show:
(i) That the plaintiff or his predecessors in title were granted and obtained a deed for the property in question;
(ii) That the conveyance reserved mineral rights or that the plaintiff or his predecessors in title conveyed the mineral rights and reserved or retained the fee simple title to the real property; and
(iii) That, for a period of seven years preceding the filing of the petition after the conveyance, the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid taxes on them; and
(D) Shall include any and all prayers regarding the land that the plaintiff may desire. Specifically, the petition may pray that the court find that the plaintiff has obtained title to the mineral rights through adverse possession and that the plaintiff be granted title to mineral rights;
(2) Upon a finding in the plaintiff's favor, the court shall issue a judgment and decree declaring that the mineral rights involved have been lost and that the plaintiff has gained absolute title to such mineral rights; and
(3) Service shall be perfected in the same manner as service on defendants in an in rem proceeding, including service by publication.
(c) Nothing in this Code section shall restrict the court from granting further plenary relief, whether legal or equitable; and the failure of the petition in the plaintiff's favor shall not affect the right of the plaintiff to any other relief, legal or equitable, to which he may be entitled.
(d) Any person named in the petition or any person having an interest in the mineral rights shall have the right to intervene in a case brought under this Code section.
(e) In order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, the court may grant injunctions and other interlocutory extraordinary relief.
(f) Nothing in this Code section shall apply to a lease for a specific number of years nor to an owner of mineral rights who has leased the mineral rights in writing to a licensed mining operator as defined in Part 3 of Article 2 of Chapter 4 of Title 12.
In short: yes, you do have a legal right to squatting or adverse possession in Georgia. Doesn't stop the cops from arresting you anyway, or the landed class from Tom Horn-ing you, but the state code is about as plain as the state code will likely get.
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Old 03-26-2010, 12:28 PM
 
3 posts, read 20,218 times
Reputation: 16
why are y'all so upset that these "squatters" chose to exercise their rights while you were too stupid to do so it's all about contracts just because the average person is ignorant and enter into a contract with these crooked greedy banks and pay on a house that by law of the contract will never be theirs because your contracts states that you are still a tenant so wise up and mind your own business y'all act like homeless people are just supposed to vanish into thin air or something what would you do if you had no where else to go you all ought to be ashamed of yourselves you got a problem with seeing them on the streets in the park in a fast food restaurant and now you have a problem with them being in an abandoned house and getting on their feet you people disgust me
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