Section 44-5-161 - Adverse possession; effect of permissive possession(a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another;(2) Must not have originated in fraud except as provided in Code Section 44-5-162;(3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and(4) Must be accompanied by a claim of right.(b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.