What type of possession is required for claiming adverse possession in Georgia?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

To claim adverse possession in Georgia, the possession must be open, notorious, hostile, and exclusive.

Open possession means that the use of the property is visible and apparent, allowing others, including the true owner, to notice it. Notorious possession indicates that the use is sufficiently well-known to the public and cannot be secretive. Hostile possession refers to the possessor's claim against the rights of the true owner; this does not imply aggression, but rather that the possessor is using the land without permission. Exclusive possession signifies that the possessor is not sharing the use of the property with others, which strengthens their claim to the property.

These elements are critical in establishing a valid claim for adverse possession because they support the idea that the possessor has treated the property as their own for a sufficient duration, typically 20 years in Georgia. This framework is designed to protect landowners and ensure they are aware of anyone occupying their property while still allowing for legitimate claims to property by those who may actually have possessed it for a long time without the owner's intervention.

Other options do not encapsulate the full set of requirements necessary for an adverse possession claim, making them insufficient for this legal doctrine.

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