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50.000 Prescription; Definition
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Description
50.000 Prescription; Definition Title by prescription is the right to property that a possessor acquires by reason of the continuance of possession for a period of time established by law. O.C.G.A. §44-5-160 In order for possession to be the foundation of prescriptive title, it must a. be in the right of the possessor and not of another, b. not have originated in actual or positive fraud, (Note: Except as provided in O.C.G.A. §44-5-162, actual or positive fraud and not merely constructive or legal.) c. be public, continuous, exclusive, uninterrupted, and peaceable, and d. be accompanied by a claim of right. Permissive possession cannot be the foundation of a prescription, until it becomes an adverse claim and actual notice to the other party is given. O.C.G.A. §44-5-161
