Title 44, Chapter 5, Section 161
(a) In order for possession to be the foundation of prescriptive
(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
(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.