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
Important: This content covers Georgia-specific property law. You should complete the National Real Estate Exam Prep first, as general property concepts are tested on the national portion.
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?