Squatters rights in Georgia

[sassyshi]

Originally Posted by Millenium-Eden

What are you all talking about people, there ARE squatters rights in Georgia. See [url=http://www.atlantabusinesslawyerblog.com/2010/04/georgia_statutes_dictate_adver_1.html]GEORGIA STATUTES DICTATE ADVERSE POSSESSION, PRESCRIPTIVE TITLE, AND COLOR OF TITLE --[/url]. Why do you people always make a point of pretending like you know about things that you don't. Afraid someone will think you're ignorant if you DON'T KNOW the answer? Well now you DO look ignorant for giving false information to someone asking a serious question.

The answer is YES, there are squatters rights.

NO, the police cannot charge you with breaking and entering if the property is not inhabited and you enter for the purpose of LIVING there not for CRIMINAL purposes.

YES, the OWNER MUST be the one to file for eviction, but even then they MUST have PROOF of legal chain of title and a legitimate deed.

IF you live in the property for 20 years you can LEGALLY obtain the title (see adverse possession laws) and own it after squatting in it. The condition is that you IMPROVE the property and not damage it. If you damage it and do not fix it, it becomes an act of vandalism and you can be charged criminally for criminal damage to property, SEE [url=http://www.georgiapacking.org/GaCode/?title=16&chapter=7&section=21]OCGA 16-7-21 on GeorgiaPacking.org[/url] or
burglary see [url=http://law.justia.com/codes/georgia/2010/title-16/chapter-7/article-1/16-7-1/]§ 16-7-1 - Burglary :: 2010 Georgia Code :: US Codes and Statutes :: US Law :: Justia[/url]

And FYI not ALL POOR PEOPLE who squat in residences are bad people, therefore JUDGE NOT lest you be judged in such cases you bunch of hypocrites. In cases where they break in and sell drugs, fine, they don't belong there, but again that is burglary (entering into a buliding with the intent to commit a theft or FELONY within) and traffiking. Crimes fine, but NEEDING a roof over your head is NOT a crime.

ALSO FYI, in the case of foreclosed houses the bank DOES NOT OWN the LEGAL TITLE to the property because the bank after you obtain you mortgage sells the debt of the mortgage in slices to companies that buy debt. Therefore the bank CANNOT PROVE legal chain of title in court.

SO. . .


DO SOME RESEARCH BEFORE YOU FRAUDULENTLY ANSWER SOMEONES QUESTIONS NEXT TIME.

[sassyshi]

And what about the people who work and still dont have the means to make it?!?!? What exactly is thsi country about, now u are the one sounding silly. Because ADVERSE POSSESSION has been around before you were even thought of

[AF8084]

Here is my story, and I need some insight on it. I am a married 30 yr old full-time college student and stay-at-home mother of a 3 yr old boy, and we moved into our new home in Scottdale a month ago. The neighborhood is quiet and great so far, other than the two times this homeless old man tried breaking into our home.

The first time, it was our moving in day. My husband and mother had left with the u-haul, leaving me and my son here. We passed by the homeless man on our way in, who squats at the abandoned house on the corner of the block, 2 properties down from us. My mother said he gave her a bad feeling, and to watch out for him. I told her not to worry that he seemed harmless. How wrong I was.

About five minutes after they left with the u-haul, I hear someone at the back door, trying to jiggle the doorknob. I grabbed my phone, and looked out the window to see the man get on his bike outside our home and ride down to the abandoned house.

My husband and I planned on getting a home security system in a few weeks after he got his Christmas bonus. Well, this past Wednesday, while I was putting my son down for an afternoon nap, I heard something at the door. I went to the door and didn't see anyone. Then I heard a loud scrapping noise in the back room, went in to see the shadow of a man with our shovel trying to pry the window open (the blinds were down and the sun was shining in). I immediately yelled at him that I was calling the cops, and he took off. Cops were here in 3 minutes flat, and searched all over. They were upset that I did not see who it was, but I told them I was certain it was the homeless man since he tried it once before, and he had to use our garden shovel to try to break in rather than his own equipment (and he knew that our next door neighbors were out of town that day, and thought I was gone since my husband took our car).

Today I got ADT home security installed. After running errands tonight, I parked our car on the street in front of our house and turned everything off while I tried figuring out how to disarm the security system with the keyfob before entering. About a minute later, I saw the guy lurking around down the street across from the abandoned house, he looked up at our house and went into the abandoned home.

What can we do about this? We are new residents and I know there are squatters rights, especially for an abandoned house, what can we do about him? His criminal activity makes me nervous and I do not want him on our street, just waiting to strike us or another house again. What rights do we have?

[joey86]

I'd get a gun...

[Febtober]

Originally Posted by AF8084

We are new residents and I know there are squatters rights, especially for an abandoned house, what can we do about him?

Squatter's rights have nothing to do with your situation. The homeless man would have to be living in that same house continuously for seven years to get those rights.

[AF8084]

@joey86 we have a gun.

@Febtober he hasn't been there long. After speaking to a few of our neighbors, we found out that the house across from the abandoned house used to be an abandoned house as well with squatters, but now it is fixed up and for sale. They say he has not been here long, and could have been one of the squatters who hung out in the other house before it was fixed up. We are going to contact the city about the house and see what we can do about him with the police. Thanks.

[DARNISHANSMITH]

Squatters Rights, Legal Term (ADVERSE POSSESSION) in Georgia O.C.G.A s.s.44-5-161

[CENTER] O.C.G.A. § 44-5-161 [/CENTER]

GEORGIA CODE
Copyright 2015 by The State of Georgia
All rights reserved.
*** Current Through the 2015 Regular Session ***
TITLE 44. PROPERTY
CHAPTER 5. ACQUISITION AND LOSS OF PROPERTY
ARTICLE 7. PRESCRIPTION
O.C.G.A. § 44-5-161 (2015)
§ 44-5-161. Adverse possession; effect of permissive possession


(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.

HISTORY: Ga. L. 1851-52, p. 238, § 2; Code 1863, § 2638; Code 1868, § 2637; Code 1873, § 2679; Code 1882, § 2679; Civil Code 1895, § 3584; Civil Code 1910, § 4164; Code 1933, § O.C.G.A. § 44-5-43
GEORGIA CODE
Copyright 2015 by The State of Georgia
All rights reserved.
*** Current Through the 2015 Regular Session ***
TITLE 44. PROPERTY
CHAPTER 5. ACQUISITION AND LOSS OF PROPERTY
ARTICLE 2. CONVEYANCES
O.C.G.A. § 44-5-43 (2015)
§ 44-5-43. Effect of adverse possession on making of deed


A deed to lands which is made while the lands are held adversely to the maker of the deed is not void.

HISTORY: Ga. L. 1859, p. 24, § 1; Code 1863, § 2654; Code 1868, § 2653; Code 1873, § 2695; Code 1882, § 2695; Civil Code 1895, § 3605; Civil Code 1910, § 4185; Code 1933, § 29-107.
In accordance with the law these are prescriptions for people whom has abandoned their property.

[0nyxStation]

Originally Posted by CrownPrincess

Just curious...is there such a thing as squatters rights in Georgia? Thanx

people that steal homes shouldnt have any rights. I would say they have the right to be homeless.

[LadyK314]

Originally Posted by AF8084

Here is my story, and I need some insight on it. I am a married 30 yr old full-time college student and stay-at-home mother of a 3 yr old boy, and we moved into our new home in Scottdale a month ago. The neighborhood is quiet and great so far, other than the two times this homeless old man tried breaking into our home.

The first time, it was our moving in day. My husband and mother had left with the u-haul, leaving me and my son here. We passed by the homeless man on our way in, who squats at the abandoned house on the corner of the block, 2 properties down from us. My mother said he gave her a bad feeling, and to watch out for him. I told her not to worry that he seemed harmless. How wrong I was.

About five minutes after they left with the u-haul, I hear someone at the back door, trying to jiggle the doorknob. I grabbed my phone, and looked out the window to see the man get on his bike outside our home and ride down to the abandoned house.

My husband and I planned on getting a home security system in a few weeks after he got his Christmas bonus. Well, this past Wednesday, while I was putting my son down for an afternoon nap, I heard something at the door. I went to the door and didn't see anyone. Then I heard a loud scrapping noise in the back room, went in to see the shadow of a man with our shovel trying to pry the window open (the blinds were down and the sun was shining in). I immediately yelled at him that I was calling the cops, and he took off. Cops were here in 3 minutes flat, and searched all over. They were upset that I did not see who it was, but I told them I was certain it was the homeless man since he tried it once before, and he had to use our garden shovel to try to break in rather than his own equipment (and he knew that our next door neighbors were out of town that day, and thought I was gone since my husband took our car).

Today I got ADT home security installed. After running errands tonight, I parked our car on the street in front of our house and turned everything off while I tried figuring out how to disarm the security system with the keyfob before entering. About a minute later, I saw the guy lurking around down the street across from the abandoned house, he looked up at our house and went into the abandoned home.

What can we do about this? We are new residents and I know there are squatters rights, especially for an abandoned house, what can we do about him? His criminal activity makes me nervous and I do not want him on our street, just waiting to strike us or another house again. What rights do we have?

Introduce him to a few family friends, like Smith and Wesson.

[sueyoungblood]

My mother died june 2017. I have not seen a will, do I have the right as sole heir to enter the house as a squatter? I am the only child