Under what condition can adverse possession be claimed?

Adverse possession can be claimed when there is continuous and open use of the land. This legal doctrine allows a person to claim ownership of land under certain conditions, one of the most significant being that the possession must be continuous, meaning that the possessor must use the land without significant interruption over a statutorily determined period. Additionally, the use must be open and notorious, which means that it must be visible and apparent so that the actual owner is aware of the possession or should be aware of it.

This requirement serves a vital purpose; it discourages landowners from neglecting their property and ensures that the original owner does not lose their rights to the land without proper notice or opportunity to reclaim it. Continuous and open use helps establish that the possessor has treated the property as their own, which is a key component of claims of adverse possession. Other choices, such as needing a formal announcement or special permits, do not align with the established principles of adverse possession in Georgia law.