Current through 2023-2024 Legislative Session Chapters 1-374, 376-386, 393, 394, 397, 398, 406-412, 414, 415, 421, 424, 427, 429, 430, 432-456, 460, 461, 471, 473, 475, 478, 480, 483, 484, 488, 490
Section 44-5-161 - Adverse possession; effect of permissive possession(a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another;(2) Must not have originated in fraud except as provided in Code Section 44-5-162;(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and(4) Must be accompanied by a claim of right.(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.