Limit Squatters rights to Protect Land Owners

The Issue

In several states, squatters may claim adverse possession (free possession) after 20, 10 or even 5 years of occupation and / or use of your property. If the squatter has any documentation whether legitimate or not, they can often claim ownership soon. An illegitimate document. 

Squatters are not charged with trespassing in your home or on your land. The distinction may seem minimal, but trespassing is considered a criminal offense, while squatting is a civil matter. The police will NOT help. This is an example of the contradiction in our laws. We are required to pay property tax, but law enforcement will not enforce our ownership rights.

Every landowner is at risk of squatters taking their property without their permission or without their knowledge even though they have the rightful ownership and pay the taxes.   Essentially,  squatters are thieves regardless of the method. This country has documented actual property ownership for more than a century. We must STOP this reward system for theives. 

This is happening to my family right now. I helped my mother buy a home for our family, including my special needs brother and my uncle; with hopes to expand the 2 bedroom unit. Without use of our entire lot we will not be able to move forward to create space for our family.  My mother and uncle are both US Veterans who served for this country.  A country that boasts Justice for all.  Sadly, this same country allows trespassers to have rights over your property. At anytime under Georgia's antiquated law, this can happen to you or your family.  This outdated law allows trespassers to confiscate property without any regard to the actual tax payer or property owner.  NOW is the time to start protecting our land and homes. We have to limit squatters and adverse possession now. A fence or building does not change surveyed lines or legitimate recorded deed descriptions.

 To resolve this we must demand an amendment.

1. Where there is an existing survey, regardless of the age, property lines are as recorded at the time of owners purchase or as stated in their deed description. If there is grossly mismatching data, a new survey should be ordered. A new survey should be obtained before the purchase of any property if there is doubt or disbelief. 

2. Squatters must be required to file adverse possession and obtain financial responsibility through legitimate practice before anyone challenges them and only when there is no survey, Bill of Sale or Deed description on file assigning ownership. Otherwise, there is already an owner. Squatters must vacate or pay.(Leave, return propety, and take their belongings).

3. When ownership of property changes the time should reset for squatters on bordering properties if no process for legal ownership has taken place. No new owner should have to lose property or pay taxes on stolen property because of outdated laws.

Georgians should not be forced into financial hardship or burden to protect property they already own or pay taxes for; or have actual legal acquisition of. 

Please stand up for your right to true ownership and make Georgia amend this outdate squatter's law.

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The Issue

In several states, squatters may claim adverse possession (free possession) after 20, 10 or even 5 years of occupation and / or use of your property. If the squatter has any documentation whether legitimate or not, they can often claim ownership soon. An illegitimate document. 

Squatters are not charged with trespassing in your home or on your land. The distinction may seem minimal, but trespassing is considered a criminal offense, while squatting is a civil matter. The police will NOT help. This is an example of the contradiction in our laws. We are required to pay property tax, but law enforcement will not enforce our ownership rights.

Every landowner is at risk of squatters taking their property without their permission or without their knowledge even though they have the rightful ownership and pay the taxes.   Essentially,  squatters are thieves regardless of the method. This country has documented actual property ownership for more than a century. We must STOP this reward system for theives. 

This is happening to my family right now. I helped my mother buy a home for our family, including my special needs brother and my uncle; with hopes to expand the 2 bedroom unit. Without use of our entire lot we will not be able to move forward to create space for our family.  My mother and uncle are both US Veterans who served for this country.  A country that boasts Justice for all.  Sadly, this same country allows trespassers to have rights over your property. At anytime under Georgia's antiquated law, this can happen to you or your family.  This outdated law allows trespassers to confiscate property without any regard to the actual tax payer or property owner.  NOW is the time to start protecting our land and homes. We have to limit squatters and adverse possession now. A fence or building does not change surveyed lines or legitimate recorded deed descriptions.

 To resolve this we must demand an amendment.

1. Where there is an existing survey, regardless of the age, property lines are as recorded at the time of owners purchase or as stated in their deed description. If there is grossly mismatching data, a new survey should be ordered. A new survey should be obtained before the purchase of any property if there is doubt or disbelief. 

2. Squatters must be required to file adverse possession and obtain financial responsibility through legitimate practice before anyone challenges them and only when there is no survey, Bill of Sale or Deed description on file assigning ownership. Otherwise, there is already an owner. Squatters must vacate or pay.(Leave, return propety, and take their belongings).

3. When ownership of property changes the time should reset for squatters on bordering properties if no process for legal ownership has taken place. No new owner should have to lose property or pay taxes on stolen property because of outdated laws.

Georgians should not be forced into financial hardship or burden to protect property they already own or pay taxes for; or have actual legal acquisition of. 

Please stand up for your right to true ownership and make Georgia amend this outdate squatter's law.

The Decision Makers

Jon Burns
Former Georgia House of Representatives - District 159
Raphael Warnock
Former U.S. Senate - Georgia

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Petition created on August 6, 2023