4.3 Georgia Property Rights and Ownership
Key Takeaways
- Georgia presumes tenancy in common; joint tenancy with survivorship requires express language and the four unities of time, title, interest, and possession.
- Georgia abolished common-law dower and curtesy; surviving spouses are protected by year's support and intestacy rules instead.
- Georgia is an equitable-distribution state for divorce — marital property is divided fairly, not necessarily 50/50, and not as community property.
- Adverse possession requires 20 years of OCEAN possession, or only 7 years under written color of title.
- The standard homestead exemption removes $2,000 from the 40% assessed value for county and school taxes; the application deadline is April 1.
Forms of Ownership in Georgia
Georgia follows common-law estates. The single most-tested point is the default presumption: when two or more people take title without survivorship language, Georgia presumes a tenancy in common, not joint tenancy.
| Form | Who can hold it | Survivorship? | Default? |
|---|---|---|---|
| Tenancy in severalty | One owner | No (passes by will/intestacy) | — |
| Tenancy in common | Two or more, unequal shares OK | No | Yes (default) |
| Joint tenancy with survivorship | Two or more, equal shares | Yes | No — must be stated |
Joint Tenancy Requires the Four Unities
To create a valid joint tenancy with right of survivorship, Georgia requires the four unities — remember T-TIP:
- Time — all owners take title at the same moment;
- Title — all take by the same instrument;
- Interest — equal shares;
- Possession — equal right to the whole.
The deed must expressly state survivorship (e.g., "as joint tenants with right of survivorship"). If one joint tenant sells or mortgages their interest, that unity is broken and the joint tenancy is severed as to that share, converting it to a tenancy in common.
Trap: Georgia has abolished the common-law marital estate tenancy by the entirety. Older study materials (and questions leaked from other states) still list it — if an option says Georgia married couples automatically take "tenancy by the entirety," it is a distractor. Georgia spouses typically hold as joint tenants with survivorship.
Marital and Survivor Rights
Georgia abolished dower and curtesy. Instead, a surviving spouse is protected by:
- Year's support — a petition that can set aside property from the estate for the surviving spouse and minor children, ahead of most creditors;
- Intestate succession — if there is no will, the spouse shares with children but never takes less than one-third of the estate.
Divorce: Equitable Distribution
Georgia is an equitable-distribution state — not a community-property state.
| Concept | Georgia rule |
|---|---|
| Division standard | Equitable (fair), not automatically 50/50 |
| Separate property | Property owned before marriage / by gift or inheritance generally stays separate |
| Marital property | Acquired during marriage; subject to division |
| Decision-maker | Judge or jury weighs each spouse's contributions |
Trap: "Community property" and an automatic 50/50 split are wrong for Georgia. Only nine states use community property; Georgia is not one of them.
Easements, Covenants, and Adverse Possession
Easements
| Type | Description | Transfers? |
|---|---|---|
| Appurtenant | Benefits an adjoining parcel (dominant estate); burdens the servient estate | Runs with the land |
| In gross | Benefits a person or company (e.g., a utility line) | Personal — may not transfer |
| By necessity | Granted for a landlocked parcel that has no other access | Tied to the land |
| By prescription | Created by long adverse use | Runs with the land |
Prescriptive Easements / Private Ways
A private way (driveway-style prescriptive easement) in Georgia generally arises after 7 years of use that is public, continuous, exclusive, peaceable, and under a claim of right, where the user keeps the way (no more than 20 feet wide) in repair. Permission from the owner defeats prescription.
Adverse Possession — the 20-Year / 7-Year Split
This is the highest-frequency numeric question in the section. Use the mnemonic OCEAN for the elements, and watch the two time periods:
| Scenario | Statutory period | Authority |
|---|---|---|
| Possession without color of title | 20 years | O.C.G.A. § 44-5-163 |
| Possession under written color of title | 7 years | O.C.G.A. § 44-5-164 |
OCEAN elements the claimant must prove:
- Open and notorious — visible, not secret;
- Continuous — uninterrupted for the full period;
- Exclusive — not shared with the true owner;
- Adverse / hostile — without the owner's permission;
- Notorious / actual — actual physical possession.
Trap: "Color of title" means a written instrument (deed, will) that appears to convey title but is defective. Possessing under such a document cuts the period from 20 years to 7 years. A flat "20 years" answer is wrong whenever the facts mention a defective deed.
Homestead Exemption
Georgia property is assessed at 40% of fair market value. The standard homestead exemption removes $2,000 from that 40% assessed value for county and school taxes on an owner-occupied primary residence.
| Feature | Detail |
|---|---|
| Standard exemption | $2,000 off 40% assessed value (county + school) |
| Application deadline | April 1 of the tax year |
| Renewal | Automatic unless ownership/use changes |
| Senior (65+, income test) | Up to $4,000 off county taxes |
| Senior school-tax (62+) | Up to $10,000 off school taxes |
Worked example: A home with a fair market value of $300,000 is assessed at 40% = $120,000. The standard $2,000 homestead exemption reduces the taxable assessed value to $118,000 before any local exemptions are applied.
Two unmarried friends take title to a Georgia property by deed that says only "to Alice and Ben." One friend dies. What happens to that share?
A claimant has occupied a neighbor's strip of land for nine years under a deed that mistakenly included the strip. How long must the claimant possess it to gain title by adverse possession?
A Georgia home has a fair market value of $250,000. After applying only the standard homestead exemption, what is the taxable assessed value?