A Deed Alone Is Not Enough: Georgia Supreme Court Clarifies Limits on Adverse Possession

In a decision that refines the contours of Georgia’s law on prescriptive title, the Georgia Supreme Court held that a recorded deed—standing alone—is not sufficient to establish adverse possession under color of title. In Brownphil, LLC v. Cudjoe, 915 S.E.2d 860 (Ga. 2025), the Court vacated a Court of Appeals decision and clarified that even when a claimant has a deed, they must also demonstrate actual possession of the land to meet the statutory requirements for acquiring title by prescription.

The Dispute
The case involved an undeveloped lot in Bibb County with two competing claimants:

• Brownphil, LLC asserted ownership through a deed supported by a continuous chain of title.
• Peter Cudjoe, the appellee, conceded his deed lacked a valid chain but argued that he had acquired title through adverse possession under color of title pursuant to O.C.G.A. § 44-5-164.

To read the full article as published in the Georgia Bar – Real Property Law Section Newsletter, click here.