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Georgia's adverse possession period is:

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Question & Answer

Review the question and all answer choices

A

7 years

While 7 years is a real adverse possession period in Georgia, selecting only '7 years' as the answer is incomplete and therefore incorrect — it only describes the scenario where color of title exists and ignores the 20-year period that applies when no written instrument supports the claim.

B

10 years

Ten years is not a recognized adverse possession period under Georgia law; it appears as a distractor and may cause confusion for students familiar with other states such as Florida (7 years with color of title, but different overall framework) or federal adverse possession rules on certain public lands.

C

20 years

Twenty years alone is also an incomplete answer — while it correctly states the period for adverse possession without color of title under O.C.G.A. §44-5-161, it fails to account for the shorter 7-year period available to claimants who possess a defective written instrument, making it an oversimplification of Georgia law.

D

7 years with color of title, 20 years without

Correct Answer

Why is this correct?

Answer D is correct because Georgia law explicitly provides two different adverse possession periods depending on whether the claimant has color of title: O.C.G.A. §44-5-164 establishes a 7-year period when the claimant possesses a written instrument (deed, will, or court decree) that purports to convey title even if defective, while O.C.G.A. §44-5-161 establishes a 20-year period for adverse possession claims based solely on actual possession without any written instrument. This dual framework is a defining characteristic of Georgia's adverse possession law that distinguishes it from many other states.

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