Georgia squatters’ rights and adverse possession: Everything you need to know

What is a squatter?

A squatter is someone who lives on a property without permission from the owner and without a lease or rental agreement. This usually happens when a home, building, or piece of land sits vacant for a long time and someone moves in without notifying the owner.

In Georgia, squatters who meet very specific legal conditions may try to claim ownership through a process called adverse possession. That’s why it’s important for property owners and boards to act quickly when they discover unauthorized occupancy.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Is squatting legal in Georgia?

In most situations, no. The Georgia Squatter Reform Act, passed in 2024, specifically makes “unlawful squatting”, which is residing on the land of another for any period of time without the knowledge of the owner or rightful occupant, a crime. The only narrow lane in which possession can turn lawful is Georgia’s doctrine of adverse possession.
 

Georgia squatters’ rights

Squatters’ rights in Georgia fall under a legal concept called adverse possession. This allows someone who lives on a property openly, continuously, and without the owner’s permission to try to claim legal ownership over time.

To qualify for adverse possession in Georgia, the person must meet the following conditions:

• Uninterrupted: The squatter must occupy the property without interruption for twenty (20) consecutive years, or seven (7) consecutive years when they hold a “color of title” in good faith.
   
• Public: The possession must be visible, not done in secret.
   
• In the Right of the Possessor: The possession must be done on behalf of the possessor, not on any other party’s behalf.
   
• Peaceable: The possession must be maintained without resort to violence or force.
   
• Exclusive possession: The squatter can’t share the space with the owner or others.
   
• Accompanied by a claim of right: The possession must be done under some belief that the possession is legal.
   
• Must not have originated in fraud: The possessor must not be aware of or have engaged in some form of fraud with respect to their possession.   

Many boards and owners turn to professional property management companies like FirstService Residential to help them monitor their properties, stay ahead of potential risks, and take the right steps when dealing with challenges in their building or community.
 

What is color of title in Georgia?

Color of title refers to a document that appears to, but does not in fact, give someone ownership of a property. This often involves an outdated or incorrect deed that seems valid on paper. In Georgia, if a squatter has color of title, possesses the property in good faith, and meets the other requirements for adverse possession, they may be able to claim ownership after just seven (7) years instead of the standard twenty (20). While not common, it can impact how adverse possession claims are handled.
 

Can you evict a squatter in Georgia?

Yes, Georgia law now gives property owners two options to remove squatters: one faster path created by the Squatter Reform Act and a traditional court process for more complicated situations.
 

Fast-track removal under the Georgia Squatter Reform Act

This option is available if the person occupying your property never had a lease, rental agreement, or any legal right to be there. The process can vary significantly depending on the specific situation, but may go something like this:

1. The property owner files a “property affidavit” with the magistrate court showing proof of ownership.
    
2. Law enforcement serves the affidavit, and the squatter has three business days to respond with valid documents showing they have a right to stay.
    
3. If the squatter isn’t able to provide the required documentation, they may be removed by law enforcement. If the squatter does provide documentation that authorizes their presence, a hearing may be held within seven days.

Traditional court process

This route is used when the squatter claims to have lived there under a lease, shows any kind of deed, or presents other paperwork that needs to be reviewed. In these cases, owners may need to file a legal action through magistrate or superior court depending on the situation. These cases often take longer and may involve more complex legal steps. Always consult qualified legal counsel for specific advice when dealing with a squatter.
 

How to prevent squatters

There are a few proactive steps owners can take to help protect their property and minimize the risk of unauthorized occupants:

• Put things in writing: If someone’s staying on the property with your permission, even briefly, a short written agreement can help avoid confusion later.
   
• Check in regularly: Walk the property and keep up with ongoing maintenance services to signal that the space is actively managed.
   
• Add signage and security: “No Trespassing” signs, exterior lighting, and cameras can help discourage unwanted activity.
   
• Stay in touch with neighbors: Ask trusted contacts to keep an eye out and let you know if they see anything unusual.

Frequently asked questions about squatters’ rights in Georgia

Can a squatter gain rights by paying property taxes or utilities?

Paying bills alone is not enough, but it may strengthen an adverse possession claim when the person also meets all other requirements.
 

Do short absences break the 20-year clock?

Possession must be continuous and uninterrupted. Moving out for even a few months may reset the timer.
 

Can an HOA remove a squatter from common areas?

The board, holding title to common elements, may work through the courts to remove a squatter just like any individual owner.
 

How a property management company can help

A professional property-management company can play a key role in protecting communities from issues related to Georgia squatters’ rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.

Here’s how FirstService Residential can support your community:

• Routine inspections: Scheduling regular walkthroughs and documenting signs of unauthorized occupancy.
   
• Financial management services: Maintaining documentation to help support eviction filings and tax records.
   
• Legal coordination: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
   
• Coordinating with vendors: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit.

FirstService Residential has helped boards and owners in Georgia reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about Georgia squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.