Key Takeaways
- Georgia recognizes tenancy in common and joint tenancy (with right of survivorship required to be stated)
- Married couples may hold property as tenants by the entirety for added creditor protection
- Georgia is an equitable distribution state for divorce, not community property
- Homestead exemption provides property tax relief for primary residences (up to $2,000 value reduction)
- Georgia recognizes easements, restrictive covenants, and other property interests per common law
Georgia Property Rights and Ownership
Georgia follows common law principles for property ownership with some state-specific provisions.
Types of Property Ownership
Individual Ownership (Tenancy in Severalty)
One person holds title:
- Full control over property
- No survivorship rights (passes through estate)
- Most common for single individuals
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares allowed, no survivorship |
| Joint Tenancy | Must state right of survivorship, equal shares |
| Tenancy by the Entirety | Married couples only, creditor protection |
Joint Tenancy in Georgia
Georgia recognizes joint tenancy but requires specific language to create it:
- Must expressly state "with right of survivorship"
- The "four unities" (time, title, interest, possession) required
- If one joint tenant sells, joint tenancy is severed
Default Rule: Without specific survivorship language, co-ownership is presumed to be tenancy in common.
Tenancy by the Entirety
Available only to married couples:
- Both spouses must join in conveyance
- Creditor protection from individual debts
- Automatic right of survivorship
- Requires divorce or death to sever
Marital Property Rights
Equitable Distribution State
Georgia is an equitable distribution state (not community property):
| Feature | Georgia Rule |
|---|---|
| Division method | Equitable (fair, not necessarily equal) |
| Court discretion | Yes, based on factors |
| Separate property | Generally remains separate |
| Marital property | Subject to division |
Homestead Exemption
Georgia offers a homestead exemption for property taxes on primary residences:
Standard Homestead Exemption
| Feature | Detail |
|---|---|
| Eligibility | Primary residence, owner-occupied |
| State exemption | $2,000 reduction in assessed value (for state taxes) |
| County exemptions | Vary by county, may be additional |
| Application | Must apply by April 1 |
| Renewal | May not need annual renewal |
Senior and Disability Exemptions
Additional exemptions may be available for:
- Homeowners age 62+
- Homeowners age 65+
- Disabled veterans
- Surviving spouses
Note: Exemption amounts and eligibility vary by county. The state portion is $2,000, but local exemptions can be significantly higher.
Easements and Encumbrances
Easements in Georgia
| Type | Description |
|---|---|
| Appurtenant | Benefits adjoining land, runs with land |
| In Gross | Benefits person or entity, may not transfer |
| Prescriptive | Created by adverse use (20 years in Georgia) |
| By Necessity | For landlocked parcels |
Prescriptive Easement Requirements
To establish a prescriptive easement in Georgia:
- 20 years of continuous use
- Use must be open and notorious
- Use must be adverse (without permission)
- Use must be continuous
Restrictive Covenants
Georgia enforces restrictive covenants that:
- Run with the land
- Are recorded in property records
- Do not violate fair housing laws
- Have a reasonable purpose
Adverse Possession
Georgia allows adverse possession after 20 years of:
| Requirement | Description |
|---|---|
| Actual | Physical possession and use |
| Open | Visible to the owner |
| Notorious | Known to others |
| Exclusive | Claimant has exclusive control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for 20 years |
In Georgia, what is required to create a joint tenancy with right of survivorship?
How long must continuous adverse use occur to establish a prescriptive easement in Georgia?