What is the minimum duration for a prescriptive easement to arise due to encroachment in Georgia?

In Georgia, a prescriptive easement can arise due to encroachment when it is established that the use of the property has been continuous, open, and hostile for a minimum period of seven years. This means that for an encroachment to give rise to a prescriptive easement, the person using the property must do so without permission from the landowner, treating the land as if they have the right to use it for that entire duration of time.

The requirement for the encroachment to be "open" means that it must be visible and apparent, rather than secretive; "continuous" indicates that the use must not be interrupted for the full seven years; and "hostile" refers to the fact that the encroachment is made without any legal right to do so. Therefore, the seven-year duration is critical in establishing the rights that can lead to the formation of a prescriptive easement based on encroachment. Understanding this timeframe and the statutory requirements is essential for evaluating property rights and resolving disputes involving land use in Georgia.