Owning investment property in Georgia comes with responsibilities — and sometimes challenges. Squatters, tenant disputes, and the legal doctrine of adverse possession can pose significant risks if you are not prepared. Understanding these risks and knowing how to respond can protect your properties and your bottom line.
1. Understand Georgia’s Squatter Laws
A squatter is someone occupying your property without permission. In Georgia, simply finding someone on your property does not automatically give them legal rights, but you must follow proper procedures to remove them.
2. Eviction Is a Legal Process
Whether dealing with a tenant or a squatter, you must follow Georgia’s legal eviction process:
- Provide written notice
- File a dispossessory action in court
- Obtain a court order
- Use law enforcement to enforce the eviction
Skipping these steps can expose you to liability.
3. Adverse Possession Can Give Occupants Legal Rights
In Georgia, adverse possession allows someone to claim ownership of a property if they occupy it openly, continuously, and without the owner’s permission for 20 years (or 7 years with color of title).
Investors must be proactive in monitoring vacant properties to prevent potential claims.
4. Document Everything
Always maintain detailed records:
- Notices served
- Communications with occupants
- Property inspections
- Police reports
Proper documentation is crucial if disputes reach court.
5. Act Quickly on Vacant Properties
Vacant homes are prime targets for squatters. Regular property checks, alarm systems, and clear signage can reduce the risk of unauthorized occupancy.
6. Know Your Rights and Responsibilities as a Landlord
Georgia law protects both owners and tenants. Even unauthorized occupants are entitled to certain protections, meaning investors must handle evictions and removals through the proper legal channels.
7. Work With Experienced Legal Professionals
Evictions and adverse possession claims can be complex. A real estate attorney familiar with Georgia laws can:
- Prepare eviction notices
- File dispossessory actions
- Advise on adverse possession prevention
- Reduce the risk of costly mistakes
8. Preventative Measures Reduce Risk
Proactive strategies include:
- Securing vacant homes with locks and alarms
- Conducting routine inspections
- Using property management services
- Posting “No Trespassing” signage
These steps make it harder for squatters to claim rights and strengthen legal actions if disputes arise.
9. Be Aware of Tenant-Like Squatters
Some squatters act like tenants, paying utilities or claiming verbal agreements. Courts may require more formal eviction processes in these cases, so investors must remain vigilant and informed.
10. Insurance and Liability Considerations
Squatters can increase liability risks:
- Vandalism or property damage
- Personal injury claims
- Fire or liability insurance issues
Ensure your insurance policies cover vacant and tenant-occupied properties adequately.
Final Thoughts
Real estate investors in Georgia face unique challenges with squatters, evictions, and adverse possession. By understanding the law, documenting activity, acting quickly, and using professional legal support, investors can protect their properties, preserve value, and minimize risks.
Proactive management and education are essential — staying informed can prevent costly disputes and secure your long-term investment success.