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Georgia Code - Property - Title 44Legal Research Home > Atlanta Lawyer > Appeals and Errors > Georgia Code - Property - Title 44 Georgia Code - Property - Title 44, Section 44-1-1 As used in this title, the term 'property' means: (1) Realty and personalty which is actually owned; (2) The right of ownership ...
Georgia Code - Property - Title 44, Section 44-1-2 (a) As used in this title, the term 'realty' or 'real estate' means: (1) All lands and the buildings thereon; (2) All ...
Georgia Code - Property - Title 44, Section 44-1-3 (a) As used in this title, the term 'personalty' or 'personal estate' means all property which is movable in nature, has inherent value or is representative of value, ...
Georgia Code - Property - Title 44, Section 44-1-4 As used in this title, the term 'estate' means the quantity of interest which an owner has in real or personal property. Any estate which can be created ...
Georgia Code - Property - Title 44, Section 44-1-5 As used in this title in referring to property, the term 'title' signifies the means whereby a person´s right to property is established. ...
Georgia Code - Property - Title 44, Section 44-1-6 (a) Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture which constitutes a part ...
Georgia Code - Property - Title 44, Section 44-1-7 Personalty is deemed to be in the possession of a party when that party´s right to the property is accompanied by immediate actual or constructive possession. ...
Georgia Code - Property - Title 44, Section 44-1-8 (a) Property rights may exist in all animals, birds, and fish. To constitute property in those which are wild by nature as distinguished from domestic animals, they must ...
Georgia Code - Property - Title 44, Section 44-1-9 Anything deposited on realty by wild animals, birds, and fish except wildlife as defined by Code Section 27-1-2 shall belong to the owner of the realty. Honey deposited ...
Georgia Code - Property - Title 44, Section 44-1-10 The offspring of all animals follows the ownership of the mother and belongs to the owner of the mother at the time of birth. ...
Georgia Code - Property - Title 44, Section 44-1-11 (a) Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both. (b) The ...
Georgia Code - Property - Title 44, Section 44-1-12 One person may have the right of possession of certain property and another person may have the right to the property itself. A union of those rights constitutes ...
Georgia Code - Property - Title 44, Section 44-1-13 (a) As used in this Code section, the term: (1) 'Commission' means the Public Service Commission. (2) 'Private property' means any parcel ...
Georgia Code - Property - Title 44, Section 44-1-14 (a) As used in this Code section, the term 'abandoned well or hole' means any manmade opening upon the surface of the earth which is ten feet or ...
Georgia Code - Property - Title 44, Section 44-1-15 (a) As used in this Code section, the term: (1) 'Geodetic control monuments' means those survey monuments which are established by federal, state, local, and ...
Georgia Code - Property - Title 44, Section 44-1-16 (a)(1) No cause of action shall arise against an owner of real property, a real estate broker, or any affiliated licensee of the broker for the failure to ...
Georgia Code - Property - Title 44, Section 44-1-17 (a) Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural ...
Georgia Code - Property - Title 44, Section 44-2-1 Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may ...
Georgia Code - Property - Title 44, Section 44-2-2 (a)(1) The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code ...
Georgia Code - Property - Title 44, Section 44-2-3 Every unrecorded voluntary deed or conveyance of land made by any person shall be void as against subsequent bona fide purchasers for value without notice of such voluntary ...
Georgia Code - Property - Title 44, Section 44-2-4 (a) All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on ...
Georgia Code - Property - Title 44, Section 44-2-5 A purchaser at a sheriff´s sale may have the execution under which the property was sold recorded with his deed together with all the entries on the execution. ...
Georgia Code - Property - Title 44, Section 44-2-6 Every bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any and all transfers or assignments of realty shall ...
Georgia Code - Property - Title 44, Section 44-2-7 When any bond for title has been recorded and is subsequently surrendered or satisfied, such surrender or satisfaction may be entered of record by the clerk of the ...
Georgia Code - Property - Title 44, Section 44-2-8 When executed with the formality prescribed for the execution of deeds to land, options to purchase land or any interest in land and assignments of such options to ...
Georgia Code - Property - Title 44, Section 44-2-9 When executed with the formality prescribed for the execution of deeds to land, leases or usufructs of land or of any interest in land and assignments of such ...
Georgia Code - Property - Title 44, Section 44-2-10 Absolute deeds and bills of sale to personalty may be recorded in the office of the clerk of the superior court of the county where the maker resides. ...
Georgia Code - Property - Title 44, Section 44-2-11 A copy from the registry of any instrument conveying or affecting land in any county of this state which is recorded in the office of the clerk of ...
Georgia Code - Property - Title 44, Section 44-2-12 When the record of any deed or other recorded instrument or the certificate of record is lost or destroyed, the clerk of the superior court may rerecord the ...
Georgia Code - Property - Title 44, Section 44-2-13 (a) When the creation of a new county or a change in county lines causes land to be included in a different county than that in which it ...
Georgia Code - Property - Title 44, Section 44-2-14 (a) Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must be ...
Georgia Code - Property - Title 44, Section 44-2-15 Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge of a court of record, including a judge of a municipal court, or ...
Georgia Code - Property - Title 44, Section 44-2-16 If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section 44-2-15, that fact, certified on ...
Georgia Code - Property - Title 44, Section 44-2-17 (a) As used in this Code section, the term 'state' means any one of the states of the United States and any territories and possessions of the United ...
Georgia Code - Property - Title 44, Section 44-2-18 If a deed is neither attested by nor acknowledged before one of the officers named in Code Section 44-2-15, it may be recorded upon the affidavit of a ...
Georgia Code - Property - Title 44, Section 44-2-19 If the subscribing witness or witnesses are dead, are insane, have moved outside the state, or are otherwise incapacitated to make the affidavit provided for in Code Section ...
Georgia Code - Property - Title 44, Section 44-2-20 (a) Recorded affidavits shall be notice of the facts therein recited, whether taken at the time of a conveyance of land or not, where such affidavits show: ...
Georgia Code - Property - Title 44, Section 44-2-21 (a) To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before: ...
Georgia Code - Property - Title 44, Section 44-2-22 A prima-facie case shall be made out in actions respecting title to land upon showing good record title for a period of 40 years, and it shall not ...
Georgia Code - Property - Title 44, Section 44-2-23 A recorded deed shall be admitted in evidence in any court without further proof unless the maker of the deed, one of his heirs, or the opposite party ...
Georgia Code - Property - Title 44, Section 44-2-24 Where an affidavit of forgery has been filed to the plaintiff´s deed, and the deed has been turned over to the defendant or his counsel in order to ...
Georgia Code - Property - Title 44, Section 44-2-25 All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of the superior court by the use of printing, typewriting, ...
Georgia Code - Property - Title 44, Section 44-2-26 The owner of real property or of any interest therein or any holder of a lien thereon may have a plat of the property or a blueprint, tracing, ...
Georgia Code - Property - Title 44, Section 44-2-27 When any plat or any blueprint, tracing, photostatic copy, or other copy of the plat is securely pasted or fastened in the book provided by the clerk for ...
Georgia Code - Property - Title 44, Section 44-2-28 When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the ...
Georgia Code - Property - Title 44, Section 44-2-29 Any plats or any blueprints, tracings, photostatic copies, or other copies of plats recorded prior to March 29, 1937, in the manner described in Code Section 44-2-26 are ...
Georgia Code - Property - Title 44, Section 44-2-40 This article shall be known and may be cited as 'The Land Registration Law.' ...
Georgia Code - Property - Title 44, Section 44-2-41 As used in this article, the term: (1) 'Clerk' means the clerk of the superior court of the county where the land is located and ...
Georgia Code - Property - Title 44, Section 44-2-42 The duties required of the clerk and the sheriff by this article may be performed through their lawful deputies; but the clerk or the sheriff, as the case ...
Georgia Code - Property - Title 44, Section 44-2-43 Any person who: (1) fraudulently obtains or attempts to obtain a decree of registration of title to any land or interest therein; (2) knowingly offers in evidence any ...
Georgia Code - Property - Title 44, Section 44-2-44 Any clerk, deputy clerk, special clerk, or other person performing the duties of the office of clerk who: (1) fraudulently enters a decree of registration without authority of ...
Georgia Code - Property - Title 44, Section 44-2-45 Any sheriff, deputy sheriff, or other person performing the duties of the office of sheriff who knowingly and fraudulently makes any false entry or return in connection with ...
Georgia Code - Property - Title 44, Section 44-2-46 Any examiner of title who knowingly and fraudulently makes any false report to the court as to any matter relating to any title which is sought to be ...
Georgia Code - Property - Title 44, Section 44-2-47 The felonies provided for in this article may, in the matter of punishment, be reduced to misdemeanors in the manner prescribed in Code Section 17-10-5. ...
Georgia Code - Property - Title 44, Section 44-2-60 For the purpose of enabling all persons owning real estate within this state to have the title thereto settled and registered as prescribed by this article, the superior ...
Georgia Code - Property - Title 44, Section 44-2-61 The proceedings under any petition for the registration of land and all proceedings in the court in relation to registered land shall be proceedings in rem against the ...
Georgia Code - Property - Title 44, Section 44-2-62 Action for registration of title shall be begun by a petition to the court by the person, persons, or corporation claiming, singly or collectively, to own or to ...
Georgia Code - Property - Title 44, Section 44-2-63 Any person possessing lands and claiming an interest or estate less than the fee therein may have his title to such lands established under this article without the ...
Georgia Code - Property - Title 44, Section 44-2-64 The petition and amendments thereto shall be signed and sworn to by each petitioner, or, in the case of a corporation, by some officer thereof, or, in the ...
Georgia Code - Property - Title 44, Section 44-2-65 Any number of separate parcels of land which are claimed by the petitioner under the same general claim of title and are located in the same county may ...
Georgia Code - Property - Title 44, Section 44-2-66 The petition shall include as defendants all persons whom it shows to have any interest, equity, or claim upon said land or upon any interest in the land ...
Georgia Code - Property - Title 44, Section 44-2-67 (a)(1) Upon the petition being filed in the office of the clerk of the superior court in the county where the land is located, the clerk shall issue ...
Georgia Code - Property - Title 44, Section 44-2-68 A nonresident petitioner shall appoint a resident agent or attorney upon whom process and notice may be served. ...
Georgia Code - Property - Title 44, Section 44-2-69 If the petition discloses that it involves the determination of any public right or interest of this state or of any county or municipality thereof, the process or ...
Georgia Code - Property - Title 44, Section 44-2-70 Any person entitled to notice or service of process under this article may waive such notice or service by a written acknowledgment of service or written waiver of ...
Georgia Code - Property - Title 44, Section 44-2-71 Before passing the decree authorizing the registration of land, the court shall be satisfied that the publication of notice and service of process required by this article have ...
Georgia Code - Property - Title 44, Section 44-2-72 (a) A notice similar to the notice published as provided in Code Section 44-2-67 shall be delivered by the clerk to the sheriff of the county or to ...
Georgia Code - Property - Title 44, Section 44-2-73 The notices provided for and to be given under this article shall stand as personal service of process and shall be conclusive and binding on all persons so ...
Georgia Code - Property - Title 44, Section 44-2-74 If the report of the examiner discloses that persons other than those who have been notified are entitled to notice, a copy of the petition shall be served ...
Georgia Code - Property - Title 44, Section 44-2-75 Wherever notice is required by this article and no provision is made as to how notice shall be given or wherever, in the discretion of the judge, additional ...
Georgia Code - Property - Title 44, Section 44-2-76 Any person, whether notified or not, may become a party to the proceeding for the purpose of filing objections to the granting of the relief prayed for in ...
Georgia Code - Property - Title 44, Section 44-2-77 While the cause is pending before the examiner of titles or at any time before final decree, the judge, or the examiner with the approval of the judge, ...
Georgia Code - Property - Title 44, Section 44-2-78 If the petitioner´s title is not and cannot be made proper for registration, the petition may, at the discretion of the court or the petitioner, be dismissed without ...
Georgia Code - Property - Title 44, Section 44-2-79 Amendments to petitions or other pleadings, including joinder, substitution, or discontinuance of parties, the severance of pleadings, and the omission or severance of any portion or parcel of ...
Georgia Code - Property - Title 44, Section 44-2-80 Pending registration, the land described in any petition may be dealt with as if no petition had been filed; but any person who shall acquire any interest in ...
Georgia Code - Property - Title 44, Section 44-2-81 No decree shall be rendered by default and without the necessary facts being shown. ...
Georgia Code - Property - Title 44, Section 44-2-82 After the record has been perfected and settled, the judge of the superior court shall proceed to decide the case; and if, upon consideration of such record, the ...
Georgia Code - Property - Title 44, Section 44-2-83 Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and ...
Georgia Code - Property - Title 44, Section 44-2-84 All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Supreme Court. ...
Georgia Code - Property - Title 44, Section 44-2-100 The judge of the superior court of each judicial circuit shall appoint at least one auditor, who shall be known as the examiner, who shall discharge the duties ...
Georgia Code - Property - Title 44, Section 44-2-101 Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the ...
Georgia Code - Property - Title 44, Section 44-2-102 As soon as practicable after the return day stated in the process, the examiner shall proceed to hear evidence and make up his final report to the court. ...
Georgia Code - Property - Title 44, Section 44-2-103 (a) At the time and place set for the hearing, the examiner shall, in like manner as other auditors, proceed with similar powers as to the compelling of ...
Georgia Code - Property - Title 44, Section 44-2-104 For the purposes of this article, every clerk of the superior court, every judge of the probate court, and every other officer in this state having charge of ...
Georgia Code - Property - Title 44, Section 44-2-105 In any case, by consent of the parties or upon the order of the judge, the examiner may procure the services of a stenographer to report the testimony ...
Georgia Code - Property - Title 44, Section 44-2-120 (a) The governing authority of each county shall provide the following books for the clerk of the superior court in the county: (1) A book, ...
Georgia Code - Property - Title 44, Section 44-2-121 Every entry made in the register of decrees of title, in the title register, or upon the owner´s certificate under any of the provisions of this article shall ...
Georgia Code - Property - Title 44, Section 44-2-122 (a) The clerk of the superior court shall determine whether any instrument, writing, record, or other matter is in proper shape for registration and shall correctly and legally ...
Georgia Code - Property - Title 44, Section 44-2-123 Before registering any voluntary transfer, the clerk shall satisfy himself that the same is witnessed and attested or acknowledged in accordance with law. The clerk and the sureties ...
Georgia Code - Property - Title 44, Section 44-2-124 If a clerk of the superior court is disqualified by reason of relationship, interest, or any other cause or in case of the death or other disability of ...
Georgia Code - Property - Title 44, Section 44-2-125 (a) Wherever a transfer, transfer as security for debt, or mortgage relating to an estate in registered land is executed in the form prescribed in this article and ...
Georgia Code - Property - Title 44, Section 44-2-126 Any writing or instrument for the purpose of encumbering or otherwise dealing with equitable interests in registered land or tending to show a claim of lien or encumbrance ...
Georgia Code - Property - Title 44, Section 44-2-127 All registered encumbrances, rights, or adverse claims affecting registered estates shall continue to be noted upon every outstanding certificate of title and owner´s certificate until they have been ...
Georgia Code - Property - Title 44, Section 44-2-128 Every voluntary or involuntary transaction which if recorded, filed, or entered in any clerk´s office would affect unregistered land shall, if duly registered on the title register, be ...
Georgia Code - Property - Title 44, Section 44-2-129 Except as otherwise provided in this article, in cases of involuntary transactions no transfer of the title shall be registered except upon an order granted by the judge ...
Georgia Code - Property - Title 44, Section 44-2-130 Upon the grant of letters of administration or executorship by the probate court and upon presentation of a certified copy of the letters to the clerk of the ...
Georgia Code - Property - Title 44, Section 44-2-131 (a) Where the owner of registered land dies intestate and there is no administration upon the estate within 12 months from the date of his death or in ...
Georgia Code - Property - Title 44, Section 44-2-132 Whenever an involuntary transfer is sought to be registered under this article and the owner´s certificate is not produced so that it can be attached to the order ...
Georgia Code - Property - Title 44, Section 44-2-133 Whenever an owner´s certificate of title is lost or destroyed, the owner or his personal representative may petition the court for the issuance of a duplicate. Notice of ...
Georgia Code - Property - Title 44, Section 44-2-134 (a) If any person at interest objects to any entry, registration, or notation made by the clerk upon the title register, he may, unless such entry, registration, or ...
Georgia Code - Property - Title 44, Section 44-2-135 In order to cause notations of judgments, liens, encumbrances, or special rights of any kind, other than voluntary transactions, claimed by any person against registered land to be ...
Georgia Code - Property - Title 44, Section 44-2-136 (a) Voluntary cancellations may be made of any mortgage, certificate of indebtedness, or any lien, equity, encumbrance, lis pendens, or other similar matter relating to registered land or ...
Georgia Code - Property - Title 44, Section 44-2-137 (a) Except in cases of fraud or forgery to which he is a party or to which he is a privy without valuable consideration paid in good faith, ...
Georgia Code - Property - Title 44, Section 44-2-138 Notwithstanding any other provision of this article, any injured party may bring an action against any person or officer through whose fraud or negligence he may have suffered ...
Georgia Code - Property - Title 44, Section 44-2-139 Reserved. ...
Georgia Code - Property - Title 44, Section 44-2-140 Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession. ...
Georgia Code - Property - Title 44, Section 44-2-141 Except as otherwise specifically provided by this article, registered land and ownership therein shall be subject to the same rights, burdens, and incidents as unregistered land and may ...
Georgia Code - Property - Title 44, Section 44-2-142 Any person who has any interest in registered land and whose name has been changed by marriage or other cause may, by petition to the judge of the ...
Georgia Code - Property - Title 44, Section 44-2-143 No judgment, levy, or other lien except a lien for taxes for which special provision is made in this article shall be effective against registered land so as ...
Georgia Code - Property - Title 44, Section 44-2-144 (a) The registered owner of the fee simple title to land may cause a transfer of the title to be registered to 'himself, his heirs and assigns, free ...
Georgia Code - Property - Title 44, Section 44-2-160 Deeds conveying title to all registered estates shall be recorded in the same manner as deeds conveying title to unregistered lands are recorded. All previous conveyances of interests ...
Georgia Code - Property - Title 44, Section 44-2-161 (a) Whenever a part of any registered land is to be transferred or conveyed, such transfer or conveyance shall be in a form substantially the same as that ...
Georgia Code - Property - Title 44, Section 44-2-162 The owner or owners of a tract of land embraced in a certificate may divide it into smaller tracts and, upon surrender of his or their owner´s certificate, ...
Georgia Code - Property - Title 44, Section 44-2-163 The owner of any registered land who desires to convey the land as security for debt and with power of sale without foreclosure may do so by a ...
Georgia Code - Property - Title 44, Section 44-2-164 The creditor´s certificate shall be assignable or negotiable to the same extent as the note or other evidence of indebtedness secured thereby may be, but assignments or transfers ...
Georgia Code - Property - Title 44, Section 44-2-165 If the debt secured by a creditor´s certificate or any part thereof becomes due and unpaid, the holder of the creditor´s certificate may, after advertising the property for ...
Georgia Code - Property - Title 44, Section 44-2-166 Nothing in this article shall prevent the owner of land from transferring his registered title as security for debt or from causing the title to be registered in ...
Georgia Code - Property - Title 44, Section 44-2-167 Unrecorded transfers of owner´s certificate to registered lands shall have the same validity as unrecorded deeds of conveyance. The validity and priority of unrecorded transfers shall be governed ...
Georgia Code - Property - Title 44, Section 44-2-168 Reserved. ...
Georgia Code - Property - Title 44, Section 44-2-169 Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled ...
Georgia Code - Property - Title 44, Section 44-2-170 After a transfer of registered land has been made to the heirs at law or to the widow claiming to be the sole heir as stated in Code ...
Georgia Code - Property - Title 44, Section 44-2-171 (a) Whenever an administrator who has caused registered land to be transferred into his name stands ready to be discharged, if it is not necessary to sell such ...
Georgia Code - Property - Title 44, Section 44-2-172 Wherever, as the result of a proceeding in any court, it is adjudged that a transfer of registered land should be made, such transfer may be made by ...
Georgia Code - Property - Title 44, Section 44-2-173 Whenever it is desired to have an involuntary transfer registered, petition therefor shall be made to the judge of the court. The judge may hear the facts or, ...
Georgia Code - Property - Title 44, Section 44-2-174 Nothing in this article shall prevent any transfer or other dealing with registered land from being attacked in court as having been made for the purpose of hindering, ...
Georgia Code - Property - Title 44, Section 44-2-175 Whenever a writing or record is filed for the purpose of transferring registered land in trust, or upon any condition or unusual limitation expressed in the instrument, or ...
Georgia Code - Property - Title 44, Section 44-2-176 After December 31 of every year, it shall be the duty of every officer charged with the collection of any taxes or assessments charged upon any registered land ...
Georgia Code - Property - Title 44, Section 44-2-190 Upon the original registration of any land under this article, there shall be paid to the clerk as an assurance fund one-tenth of 1 percent of the value ...
Georgia Code - Property - Title 44, Section 44-2-191 All money received by the clerk under Code Section 44-2-190 shall be kept in a separate account and paid promptly into the state treasury upon the special trust ...
Georgia Code - Property - Title 44, Section 44-2-192 The moneys collected pursuant to Code Section 44-2-190, insofar as they are not required to satisfy any judgment certified against the assurance fund under Code Section 44-2-195, shall ...
Georgia Code - Property - Title 44, Section 44-2-193 (a) Any person entitled to notice who had no actual notice of any registration under this article depriving him of any estate or interest in land and who ...
Georgia Code - Property - Title 44, Section 44-2-194 If an action contemplated by Code Section 44-2-193 is brought to recover for loss or damage arising only through the legal operation of this article, the director of ...
Georgia Code - Property - Title 44, Section 44-2-195 If judgment shall be rendered for the plaintiff in any action brought pursuant to Code Section 44-2-193, execution shall issue against any defendants other than the director of ...
Georgia Code - Property - Title 44, Section 44-2-196 If, at any time, the assurance fund is insufficient to satisfy any judgments certified against it as provided in Code Section 44-2-195, the unpaid amounts shall bear interest ...
Georgia Code - Property - Title 44, Section 44-2-197 The assurance fund shall not under any circumstances be liable for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, on ...
Georgia Code - Property - Title 44, Section 44-2-210 (a) The fees payable under this article to the examiner of titles shall be as follows: (1) For examining a title and making a report ...
Georgia Code - Property - Title 44, Section 44-2-220 The judges of the superior courts may, from time to time, make general rules and forms for procedure relating to the subjects dealt with in this article and ...
Georgia Code - Property - Title 44, Section 44-2-221 The following is prescribed as the form of petition to be used when application is made for the original register of lands: IN ...
Georgia Code - Property - Title 44, Section 44-2-222 The following is prescribed as the form of process to be attached to the petition: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF ...
Georgia Code - Property - Title 44, Section 44-2-223 The advertisement to be inserted in the newspaper in which sheriff´s sales of the county are advertised for four insertions in separate weeks should be substantially in the ...
Georgia Code - Property - Title 44, Section 44-2-224 Acknowledgment of service may be made in the following form, provided it is entered on the petition or entitled in the action and is signed in the presence ...
Georgia Code - Property - Title 44, Section 44-2-225 The sheriff´s return should be made substantially in the following form and entered on or attached to the petition: STATE OF GEORGIA, ...
Georgia Code - Property - Title 44, Section 44-2-226 The clerk should also enter on the petition a certificate substantially in the following form: I certify that on the ______ day of ______________, ____, ...
Georgia Code - Property - Title 44, Section 44-2-227 A form reading substantially as follows should be used in appointing examiners: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...
Georgia Code - Property - Title 44, Section 44-2-228 The examiner is required to take the following oath, to be filed along with the order of his appointment in the office of the clerk of the superior ...
Georgia Code - Property - Title 44, Section 44-2-229 Upon the clerk´s notifying the judge that a petition has been filed, the judge shall promptly refer the petition to an examiner in substantially the following form: ...
Georgia Code - Property - Title 44, Section 44-2-230 The following is suggested as the general form of the preliminary report of an examiner: IN THE SUPERIOR COURT OF __________ COUNTY STATE ...
Georgia Code - Property - Title 44, Section 44-2-231 The following is suggested as the general form of the examiner´s final report: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...
Georgia Code - Property - Title 44, Section 44-2-232 Decrees of title should be rendered in accordance with the following form: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...
Georgia Code - Property - Title 44, Section 44-2-233 (a) It is contemplated by this article that the book known as the register of decrees of title shall be made up in the following manner: ...
Georgia Code - Property - Title 44, Section 44-2-234 (a) It is contemplated by this article that the title register shall be a well-bound book with pages not less than 18 inches wide. It shall be labeled ...
Georgia Code - Property - Title 44, Section 44-2-235 When registering a certificate of title upon a transfer, the clerk shall bring forward and appropriately enter on the new certificate of title all entries and notations appearing ...
Georgia Code - Property - Title 44, Section 44-2-236 Upon request of any person and the payment of lawful fees, the clerk shall issue a certified copy of any certificate of title or of any entry thereon ...
Georgia Code - Property - Title 44, Section 44-2-237 Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of ...
Georgia Code - Property - Title 44, Section 44-2-238 Whenever, in the registering of any certificate of title or any notation or entry on the title register, it is found that the description of the premises or ...
Georgia Code - Property - Title 44, Section 44-2-239 Whenever any of the description or details of a certificate of title on the title register are set out in full in some other record of the clerk´s ...
Georgia Code - Property - Title 44, Section 44-2-240 (a) The form of the owner´s certificate of title shall correspond in general with the certificate of title form except that it shall be headed with the words ...
Georgia Code - Property - Title 44, Section 44-2-241 The following are prescribed as the regular forms of transfer, but other forms may be used in accordance with this article: TRANSFER OF ...
Georgia Code - Property - Title 44, Section 44-2-242 (a) The following is a form of the creditor´s certificate referred to in this article: CREDITOR´S CERTIFICATE State of ...
Georgia Code - Property - Title 44, Section 44-2-243 Where only a portion of the registered land or only an undivided interest is transferred to secure a debt, the instrument of transfer and the creditor´s certificate may ...
Georgia Code - Property - Title 44, Section 44-2-244 (a) Where the judge orders a transfer to be made under any of the provisions of this article, the judge´s order of transfer shall be in the following ...
Georgia Code - Property - Title 44, Section 44-2-245 (a) The regular form of mortgaging shall be as follows: The undersigned __________________________ to secure the following indebtedness ______________________________________________________________________ ______________________________________________________________________ ...
Georgia Code - Property - Title 44, Section 44-2-246 Delinquent taxes and assessments shall be noted on the title register when the officer charged with the collection of taxes files with the clerk a certificate substantially in ...
Georgia Code - Property - Title 44, Section 44-2-247 The regular form to be used for the notation of a judgment on the title register is as follows: NOTATION OF JUDGMENT ...
Georgia Code - Property - Title 44, Section 44-2-248 (a) The regular form to be used where any person desires a notation to be made of any lien, encumbrance, or special right, other than voluntary transactions and ...
Georgia Code - Property - Title 44, Section 44-2-249 The owner of a creditor´s certificate may authorize the clerk to register the cancellation thereof by writing thereon 'Canceled. The clerk will please cancel the same on the ...
Georgia Code - Property - Title 44, Section 44-2-250 Authority for the clerk to cancel entries of other liens, mortgages, encumbrances, special claims, and like matters may be conferred by the execution by the person in whose ...
Georgia Code - Property - Title 44, Section 44-2-251 Reserved. ...
Georgia Code - Property - Title 44, Section 44-2-252 The holder of an uncanceled owner´s certificate of title may at any time present it to the clerk and have the clerk enter on the owner´s certificate all ...
Georgia Code - Property - Title 44, Section 44-2-253 The county governing authority shall furnish the clerk with the necessary durable filing cases. He shall carefully number and file away all papers relating to and dealing with ...
Georgia Code - Property - Title 44, Section 44-3-1 This article shall be known and may be cited as the 'Georgia Land Sales Act.' ...
Georgia Code - Property - Title 44, Section 44-3-2 As used in this article, the term: (1) 'Agent' means any person who represents, or acts for or on behalf of, a developer in selling ...
Georgia Code - Property - Title 44, Section 44-3-3 (a)(1) It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless such offering complies ...
Georgia Code - Property - Title 44, Section 44-3-4 Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of ...
Georgia Code - Property - Title 44, Section 44-3-5 (a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of any provision of ...
Georgia Code - Property - Title 44, Section 44-3-6 (a) Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is ...
Georgia Code - Property - Title 44, Section 44-3-7 (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor ...
Georgia Code - Property - Title 44, Section 44-3-8 (a) Any person who violates any provision of Code Section 44-3-5 shall be liable to the person buying such land. Such buyer may bring an action in any ...
Georgia Code - Property - Title 44, Section 44-3-9 Except as provided in Code Section 44-3-6, for the purposes of venue for any civil or criminal action under this article, any violation of this article or of ...
Georgia Code - Property - Title 44, Section 44-3-10 Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser´s agent the following: ...
Georgia Code - Property - Title 44, Section 44-3-11 Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: (1) Compliance with any ...
Georgia Code - Property - Title 44, Section 44-3-12 In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption ...
Georgia Code - Property - Title 44, Section 44-3-13 Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1995, ...
Georgia Code - Property - Title 44, Section 44-3-70 This article shall be known and may be cited as the 'Georgia Condominium Act.' ...
Georgia Code - Property - Title 44, Section 44-3-71 As used in this article, the term: (1) 'Additional property' means any property which may be added to an expandable condominium in accordance with the ...
Georgia Code - Property - Title 44, Section 44-3-72 A condominium shall come into existence upon the recordation of the declaration pursuant to this article and of the plats and plans required by Code Section 44-3-83. The ...
Georgia Code - Property - Title 44, Section 44-3-73 After the submission of any property to this article, no description of a condominium unit located thereon shall be deemed vague, uncertain, or otherwise insufficient if it sets ...
Georgia Code - Property - Title 44, Section 44-3-74 (a) The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments and ...
Georgia Code - Property - Title 44, Section 44-3-75 (a) Except to the extent otherwise provided by the condominium instruments: (1) The terms defined in Code Section 44-3-71 shall be deemed to have the meanings ...
Georgia Code - Property - Title 44, Section 44-3-76 Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all ...
Georgia Code - Property - Title 44, Section 44-3-77 (a) The declaration for every condominium shall contain the following: (1) The name of the condominium, which name shall include the word 'condominium' or be ...
Georgia Code - Property - Title 44, Section 44-3-78 (a) The declaration shall allocate to each unit depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 an undivided interest in ...
Georgia Code - Property - Title 44, Section 44-3-79 (a) The declaration shall allocate a number of votes in the association to each unit depicted on plats or plans that comply with subsections (a) and (b) of ...
Georgia Code - Property - Title 44, Section 44-3-80 (a) Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element ...
Georgia Code - Property - Title 44, Section 44-3-81 (a) Interests in the common elements shall not be allocated to any units to be created within any additional property until plats or plans depicting the same are ...
Georgia Code - Property - Title 44, Section 44-3-82 (a) All assignments and reassignments of limited common elements shall be made or provided for in the condominium instruments. No limited common element shall be assigned or reassigned ...
Georgia Code - Property - Title 44, Section 44-3-83 (a) Prior to the first conveyance of a condominium unit, there shall be recorded one or more plats of survey showing the location and dimensions of the submitted ...
Georgia Code - Property - Title 44, Section 44-3-84 Plans previously recorded pursuant to subsection (b) of Code Section 44-3-77 may be used in lieu of new plans to satisfy in whole or in part the requirements ...
Georgia Code - Property - Title 44, Section 44-3-85 (a) The purpose of this Code section is to protect the unit owners, except in cases of willful and intentional misconduct by them or their agents or employees, ...
Georgia Code - Property - Title 44, Section 44-3-86 (a) As used in this Code section, the term 'lessor' means any lessor, sublessor, or grantor of an estate for years. (b) In the case ...
Georgia Code - Property - Title 44, Section 44-3-87 (a) The declarant of a conversion condominium shall deliver notice of the conversion to each tenant in possession of a unit which is subject to this article. The ...
Georgia Code - Property - Title 44, Section 44-3-88 (a) With the consent of the mortgagees thereof, the declarant may convert all or any portion of any convertible space into one or more units or common elements, ...
Georgia Code - Property - Title 44, Section 44-3-89 No condominium shall be expanded except in accordance with the provisions of the declaration and this article. Any expansion shall be deemed to have occurred at the time ...
Georgia Code - Property - Title 44, Section 44-3-90 (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, any unit owner may make any improvements or alterations ...
Georgia Code - Property - Title 44, Section 44-3-91 (a) If the condominium instruments expressly permit the relocation of boundaries between adjoining units, the boundaries between those units may be relocated in accordance with this Code section ...
Georgia Code - Property - Title 44, Section 44-3-92 (a) If the condominium instruments expressly permit the subdivision of any units, the units may be subdivided in accordance with this Code section and any restrictions and limitations ...
Georgia Code - Property - Title 44, Section 44-3-93 (a)(1) Except to the extent expressly permitted or required by other provisions of this article, the condominium instruments shall be amended only by the agreement of unit owners ...
Georgia Code - Property - Title 44, Section 44-3-94 Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained ...
Georgia Code - Property - Title 44, Section 44-3-95 (a) In the event of the foreclosure of any mortgage or lien which is subordinate to the declaration or from which any condominium unit has been released, the ...
Georgia Code - Property - Title 44, Section 44-3-96 For all purposes, each condominium unit shall constitute a separate parcel of real property which shall be distinct from all other condominium units. If there is any unit ...
Georgia Code - Property - Title 44, Section 44-3-97 (a) If any portion of the common elements is taken by eminent domain, the award therefor shall be allocated to the unit owners in proportion to their respective ...
Georgia Code - Property - Title 44, Section 44-3-98 (a) The condominium shall be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the association pertain and all mortgagees ...
Georgia Code - Property - Title 44, Section 44-3-99 (a) Unless the condominium instruments expressly prohibit the withdrawal of any submitted property from the condominium, submitted property may be withdrawn but only in accordance with this Code ...
Georgia Code - Property - Title 44, Section 44-3-100 (a) Prior to recording the declaration, the declarant shall cause the association to be duly incorporated either as a business corporation under Chapter 2 of Title 14 or ...
Georgia Code - Property - Title 44, Section 44-3-101 (a) If provided for in the condominium instruments and subject to any limitations contained in the condominium instruments, the association´s articles of incorporation, the association´s bylaws, or this ...
Georgia Code - Property - Title 44, Section 44-3-102 Meetings of the members of the association shall be held in accordance with the provisions of the associatiońs bylaws and in any event shall be called not less ...
Georgia Code - Property - Title 44, Section 44-3-103 Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast ...
Georgia Code - Property - Title 44, Section 44-3-104 If the condominium instruments provide that any member of the board of directors or any officer of the association must be a unit owner, then, notwithstanding paragraph (1) ...
Georgia Code - Property - Title 44, Section 44-3-105 Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall pertain to the association ...
Georgia Code - Property - Title 44, Section 44-3-106 (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the power to: ...
Georgia Code - Property - Title 44, Section 44-3-107 The association shall obtain: (1) A casualty insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the ...
Georgia Code - Property - Title 44, Section 44-3-108 The common profits shall be applied to the payment of common expenses, and the rights in any surplus remaining after such payment shall pertain to the condominium units ...
Georgia Code - Property - Title 44, Section 44-3-109 (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, ...
Georgia Code - Property - Title 44, Section 44-3-110 Any rights of first refusal or other restraints on free alienability of the condominium units created by the condominium instruments shall be void unless the condominium instruments make ...
Georgia Code - Property - Title 44, Section 44-3-111 (a) This Code section shall apply only to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the ...
Georgia Code - Property - Title 44, Section 44-3-112 Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, ...
Georgia Code - Property - Title 44, Section 44-3-113 (a) This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to October 1, 1975, pursuant ...
Georgia Code - Property - Title 44, Section 44-3-114 (a) No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose any requirement upon a ...
Georgia Code - Property - Title 44, Section 44-3-115 The provisions of this article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium pursuant to this ...
Georgia Code - Property - Title 44, Section 44-3-116 The limitations provided in subsection (b) and in paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in ...
Georgia Code - Property - Title 44, Section 44-3-130 through 44-3-152 Reserved. ...
Georgia Code - Property - Title 44, Section 44-3-160 This article shall be known and may be cited as the 'Georgia Time-Share Act.' ...
Georgia Code - Property - Title 44, Section 44-3-161 The purposes of this article are to: (1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share ...
Georgia Code - Property - Title 44, Section 44-3-162 As used in this article, the term: (1) 'Agent' means a person authorized by the developer to act for such developer in offering to the ...
Georgia Code - Property - Title 44, Section 44-3-163 (a) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for ...
Georgia Code - Property - Title 44, Section 44-3-164 No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit the time-share interval form of ownership or use or impose any requirement ...
Georgia Code - Property - Title 44, Section 44-3-165 (a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit ...
Georgia Code - Property - Title 44, Section 44-3-166 (a) Project instruments and time-share instruments creating time-share estates located in the State of Georgia shall be recorded in the superior court of the county in which the ...
Georgia Code - Property - Title 44, Section 44-3-167 The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of ...
Georgia Code - Property - Title 44, Section 44-3-168 (a) The time-share instruments for a time-share estate program may provide for a developer control period. (b) If the time-share instruments for a time-share estate ...
Georgia Code - Property - Title 44, Section 44-3-169 Project instruments and time-share instruments creating time-share uses shall contain the following: (1) Identification by name of the time-share project and street address where the ...
Georgia Code - Property - Title 44, Section 44-3-170 The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of ...
Georgia Code - Property - Title 44, Section 44-3-171 In the event that: (1) Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to ...
Georgia Code - Property - Title 44, Section 44-3-172 (a) A public offering statement must be provided to each purchaser of a time-share interval. Prospective purchasers receiving a copy of the public offering statement shall sign a ...
Georgia Code - Property - Title 44, Section 44-3-173 (a) An exchange company whose exchange program is offered to purchasers in connection with the offer or disposition of time-share intervals in this state shall, on or before ...
Georgia Code - Property - Title 44, Section 44-3-174 (a) Before transfer of a time-share interval and no later than the date of any sales agreement, the developer shall provide the intended transferee with a copy of ...
Georgia Code - Property - Title 44, Section 44-3-175 (a) A developer of a time-share program shall: (1) Deposit with an escrow agent 100 percent of all funds which are received during the seven-day ...
Georgia Code - Property - Title 44, Section 44-3-176 (a) If a developer enters into a sales agreement to sell a time-share interval and the construction, furnishing, and landscaping of the time-share project have not been substantially ...
Georgia Code - Property - Title 44, Section 44-3-177 (a) Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following: ...
Georgia Code - Property - Title 44, Section 44-3-178 (a) In lieu of the public offering statement required by this article, the developer may give prospective purchasers a public offering statement or similar disclosure document which meets ...
Georgia Code - Property - Title 44, Section 44-3-179 The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section 44-3-172. As to any exchange ...
Georgia Code - Property - Title 44, Section 44-3-180 (a) Unless the purchaser expressly agrees in the sales agreement to accept such purchaser´s interest subject to a lien or by assuming a lien prior to transferring a ...
Georgia Code - Property - Title 44, Section 44-3-181 The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal ...
Georgia Code - Property - Title 44, Section 44-3-182 The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated ...
Georgia Code - Property - Title 44, Section 44-3-183 If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class ...
Georgia Code - Property - Title 44, Section 44-3-184 A judicial proceeding where the accuracy of the public offering statement or validity of any sales agreement is an issue and a rescission of the sales agreement is ...
Georgia Code - Property - Title 44, Section 44-3-185 (a) It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding ...
Georgia Code - Property - Title 44, Section 44-3-186 No advertising for the sale or offer for sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or ...
Georgia Code - Property - Title 44, Section 44-3-187 Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of ...
Georgia Code - Property - Title 44, Section 44-3-188 In the developer´s financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to ...
Georgia Code - Property - Title 44, Section 44-3-189 The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a ...
Georgia Code - Property - Title 44, Section 44-3-190 (a) It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent ...
Georgia Code - Property - Title 44, Section 44-3-191 (a) Time-share projects located outside this state and offered for sale in this state must comply with such time-share regulations as exist in the situs state unless the ...
Georgia Code - Property - Title 44, Section 44-3-192 Compliance with this article shall not be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other ...
Georgia Code - Property - Title 44, Section 44-3-193 (a) A developer must alter or supplement the form of or information contained in the public offering statement to assure that the public offering statement adequately and accurately ...
Georgia Code - Property - Title 44, Section 44-3-194 Any developer or its agents shall keep among its business records and make reasonably available for examination to the purchaser or the time-share program´s association or its authorized ...
Georgia Code - Property - Title 44, Section 44-3-195 (a) Except that violations of Code Section 44-3-188 shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section 10-1-393, any person ...
Georgia Code - Property - Title 44, Section 44-3-196 The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or ...
Georgia Code - Property - Title 44, Section 44-3-220 This article shall be known and may be cited as the 'Georgia Property Owners´ Association Act.' ...
Georgia Code - Property - Title 44, Section 44-3-221 As used in this article, the term: (1) 'Board of directors' or 'board' means an executive and administrative body, by whatever name denominated, designated in ...
Georgia Code - Property - Title 44, Section 44-3-222 A property owners´ development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance ...
Georgia Code - Property - Title 44, Section 44-3-223 Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners´ association instrument. In addition, any lot owner ...
Georgia Code - Property - Title 44, Section 44-3-224 (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting ...
Georgia Code - Property - Title 44, Section 44-3-225 (a) To the extent that the instrument expressly so provides: (1) Any common expenses benefiting less than all of the lots shall be specially assessed ...
Georgia Code - Property - Title 44, Section 44-3-226 (a) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of ...
Georgia Code - Property - Title 44, Section 44-3-227 (a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit ...
Georgia Code - Property - Title 44, Section 44-3-228 Unless the instrument or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more ...
Georgia Code - Property - Title 44, Section 44-3-229 If the instrument provides that any member of the board of directors or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, ...
Georgia Code - Property - Title 44, Section 44-3-230 Meetings of the members of the association shall be held in accordance with the provisions of the associatiońs bylaws and in any event shall be called not less ...
Georgia Code - Property - Title 44, Section 44-3-231 (a) Except to the extent prohibited by the instrument and subject to any restrictions and limitations specified therein, the association shall have the power to: ...
Georgia Code - Property - Title 44, Section 44-3-232 (a) All sums lawfully assessed by the association against any lot owner or property ownerś association lot, whether for the share of the common expenses pertaining to that ...
Georgia Code - Property - Title 44, Section 44-3-233 The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners´ association pursuant to ...
Georgia Code - Property - Title 44, Section 44-3-234 The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any ...
Georgia Code - Property - Title 44, Section 44-3-235 (a) This article shall apply to all property which is submitted to this article. This article shall also apply to any association of owners subject to a recorded ...
Georgia Code - Property - Title 44, Section 44-4-1 Every other year, the judge of the probate court of each county shall appoint three suitable persons in every militia district in the county who shall be processioners ...
Georgia Code - Property - Title 44, Section 44-4-2 Every owner of land, any portion of which lies in any militia district even if the remainder lies in an adjoining district or an adjoining county, who desires ...
Georgia Code - Property - Title 44, Section 44-4-3 It shall be the duty of the county surveyor and the processioners to take all due precautions to arrive at the true lines and to trace out and ...
Georgia Code - Property - Title 44, Section 44-4-4 The processioners shall make a return of their acts within 30 days, together with the plat of the surveyor, to the judge of the probate court of the ...
Georgia Code - Property - Title 44, Section 44-4-5 In all cases of disputed lines, the following rules shall apply: (1) Natural landmarks, being less liable to change and not capable of counterfeiting, shall ...
Georgia Code - Property - Title 44, Section 44-4-6 General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years´ standing. Acquiescence for seven years by acts or declarations of adjoining ...
Georgia Code - Property - Title 44, Section 44-4-7 When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so ...
Georgia Code - Property - Title 44, Section 44-4-8 When a watercourse is one of the boundary lines of a tract of land and its course has been changed by nature or by man so that its ...
Georgia Code - Property - Title 44, Section 44-4-9 Any owner of adjoining lands who is dissatisfied with the lines run and marked by the processioners and the surveyor may file his protest to their findings with ...
Georgia Code - Property - Title 44, Section 44-4-10 The applicant shall pay to each of the processioners not less than $6.00 per day for his services. If a protest is filed, the costs of the court ...
Georgia Code - Property - Title 44, Section 44-4-20 (a) The systems of plane coordinates which have been established by the National Ocean Survey/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors ...
Georgia Code - Property - Title 44, Section 44-4-21 (a) As established for use in the East Zone, the Georgia Coordinate System or the Georgia Coordinate System of 1985 shall be named; and, in any land description ...
Georgia Code - Property - Title 44, Section 44-4-22 The plane coordinate values for a point on the earth´s surface, used to express the geographic position or location of such point in the appropriate zone of this ...
Georgia Code - Property - Title 44, Section 44-4-23 When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points ...
Georgia Code - Property - Title 44, Section 44-4-24 (a) For purposes of more precisely defining the Georgia Coordinate System, the following definition of the United States Coast and Geodetic Survey, now National Ocean Survey/National Geodetic Survey, ...
Georgia Code - Property - Title 44, Section 44-4-25 No coordinates based on either Georgia Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any ...
Georgia Code - Property - Title 44, Section 44-4-26 The use of the term 'Georgia Coordinate System East Zone,' 'Georgia Coordinate System of 1985 East Zone,' 'Georgia Coordinate System West Zone,' or 'Georgia Coordinate System of 1985 ...
Georgia Code - Property - Title 44, Section 44-4-27 The term 'Grid North, Georgia East Zone' refers to the fixed north direction in the East Zone, being Geodetic North for the central meridian eighty-two degrees ten minutes ...
Georgia Code - Property - Title 44, Section 44-4-28 Any conversion of distances between the meter and the American Survey foot will be based upon the length of the meter (exactly) equals 39.37 inches or 3.2808333333 1/3 ...
Georgia Code - Property - Title 44, Section 44-4-29 Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Georgia Coordinate System or ...
Georgia Code - Property - Title 44, Section 44-4-30 (a) Any legal description prepared under the provisions of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued ...
Georgia Code - Property - Title 44, Section 44-4-31 The Georgia Coordinate System provided for in the Act approved March 6, 1945 (Ga. L. 1945, p. 218), shall not be used after January 1, 1990; the Georgia ...
Georgia Code - Property - Title 44, Section 44-5-1 The title to all lands originates in grants from the Government and, since its independence, from the state. ...
Georgia Code - Property - Title 44, Section 44-5-2 All realty in this state is held under the state as the original owner thereof. It is free from all rent or service and is limited only by ...
Georgia Code - Property - Title 44, Section 44-5-3 The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient. ...
Georgia Code - Property - Title 44, Section 44-5-4 The following errors in the issuing and recording of grants may be corrected: (1) Any error in the name or residence of the grantee; or in ...
Georgia Code - Property - Title 44, Section 44-5-5 In all cases where errors in issuing or recording grants are sought to be corrected, an application shall be made in writing to the Governor showing that notice ...
Georgia Code - Property - Title 44, Section 44-5-6 If objections are filed to the proceedings instituted pursuant to Code Section 44-5-5 and it appears that the proposed correction will interfere with the vested rights of other ...
Georgia Code - Property - Title 44, Section 44-5-7 If it is unclear whether the proposed correction would interfere with the vested rights of others, the Governor may cause an issue to be made and certify the ...
Georgia Code - Property - Title 44, Section 44-5-8 All the papers and evidence upon every application made pursuant to Code Section 44-5-5 shall be filed and preserved in the office of the Governor. ...
Georgia Code - Property - Title 44, Section 44-5-9 If the applicant for a corrected grant is not able to produce the original grant to be canceled, the Governor may issue the corrected grant after advertising for ...
Georgia Code - Property - Title 44, Section 44-5-10 (a) All corrected grants shall take effect from the time of the issuance of the original grant but shall not affect the vested rights of bona fide purchasers ...
Georgia Code - Property - Title 44, Section 44-5-11 Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on ...
Georgia Code - Property - Title 44, Section 44-5-12 Grants may be impeached before the courts where they are: (1) Void upon their face; (2) Issued without authority of law or ...
Georgia Code - Property - Title 44, Section 44-5-13 A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a ...
Georgia Code - Property - Title 44, Section 44-5-14 When the land is subject to entry and grant, 20 years´ possession of land under a claim of right shall authorize the courts to presume a grant. ...
Georgia Code - Property - Title 44, Section 44-5-30 A deed to lands must be in writing, signed by the maker, and attested by at least two witnesses. It must be delivered to the purchaser or his ...
Georgia Code - Property - Title 44, Section 44-5-31 A deed to personalty needs no attesting witness to make it valid; in other respects, the principles applicable to deeds to lands are applicable to deeds to personalty. ...
Georgia Code - Property - Title 44, Section 44-5-32 Every bond for title, bond to reconvey realty, contract to sell or to convey realty or any interest therein and every transfer or assignment of any of such ...
Georgia Code - Property - Title 44, Section 44-5-33 No prescribed form is essential to the validity of a deed to lands or personalty. If the deed is sufficient in itself to make known the transaction between ...
Georgia Code - Property - Title 44, Section 44-5-34 If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument ...
Georgia Code - Property - Title 44, Section 44-5-35 In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is ...
Georgia Code - Property - Title 44, Section 44-5-36 If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a ...
Georgia Code - Property - Title 44, Section 44-5-37 The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds. ...
Georgia Code - Property - Title 44, Section 44-5-38 Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary. ...
Georgia Code - Property - Title 44, Section 44-5-39 When a grantee accepts a deed, he is bound by the covenants contained therein even though the deed has not been signed by him. ...
Georgia Code - Property - Title 44, Section 44-5-40 Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. ...
Georgia Code - Property - Title 44, Section 44-5-41 A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable. If ...
Georgia Code - Property - Title 44, Section 44-5-42 A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive ...
Georgia Code - Property - Title 44, Section 44-5-43 A deed to lands which is made while the lands are held adversely to the maker of the deed is not void. ...
Georgia Code - Property - Title 44, Section 44-5-44 The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to ...
Georgia Code - Property - Title 44, Section 44-5-45 A deed more than 30 years old which, upon inspection, has the appearance of genuineness and which comes from the proper custody is admissible in evidence without proof ...
Georgia Code - Property - Title 44, Section 44-5-46 If an original deed is lost, a copy may be established by the superior court of the county where the land is located; and when the copy is ...
Georgia Code - Property - Title 44, Section 44-5-47 Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance. ...
Georgia Code - Property - Title 44, Section 44-5-48 (a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill ...
Georgia Code - Property - Title 44, Section 44-5-60 (a) The purchaser of lands obtains with the title, whether conveyed to him at public or private sale, all the rights which any former owner of the land ...
Georgia Code - Property - Title 44, Section 44-5-61 In a sale of land there is no implied warranty of title. ...
Georgia Code - Property - Title 44, Section 44-5-62 A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. ...
Georgia Code - Property - Title 44, Section 44-5-63 In a deed, a general warranty of title against the claims of all persons covers defects in the title even if they are known to the purchaser at ...
Georgia Code - Property - Title 44, Section 44-5-64 In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession ...
Georgia Code - Property - Title 44, Section 44-5-65 To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to ...
Georgia Code - Property - Title 44, Section 44-5-66 Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale ...
Georgia Code - Property - Title 44, Section 44-5-67 Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure ...
Georgia Code - Property - Title 44, Section 44-5-80 To constitute a valid inter vivos gift, the following criteria must be met: (1) The donor must intend to give the gift; (2) ...
Georgia Code - Property - Title 44, Section 44-5-81 If a gift is of substantial benefit, the law will presume its acceptance unless the contrary is shown. A parent, guardian, or friend may accept a gift for ...
Georgia Code - Property - Title 44, Section 44-5-82 Actual manual delivery is not essential to the validity of a gift. Any act which indicates a renunciation of dominion by the donor and the transfer of dominion ...
Georgia Code - Property - Title 44, Section 44-5-83 A gift in writing, without good consideration and without delivery, is void. However, when, in order for a gift to be valid, a written conveyance for good consideration ...
Georgia Code - Property - Title 44, Section 44-5-84 The delivery of personal property by a parent into the exclusive possession of a child living separate from the parent creates a presumption of a gift to the ...
Georgia Code - Property - Title 44, Section 44-5-85 The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a ...
Georgia Code - Property - Title 44, Section 44-5-86 A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, ...
Georgia Code - Property - Title 44, Section 44-5-87 If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails ...
Georgia Code - Property - Title 44, Section 44-5-88 (a) An insolvent person may not make a valid gift to the injury of his existing creditors. (b) When partial or complete possession of property ...
Georgia Code - Property - Title 44, Section 44-5-89 Any person who is a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, ...
Georgia Code - Property - Title 44, Section 44-5-100 (a) To constitute a valid gift in contemplation of death, the following criteria must be met: (1) The object of the gift must be personal ...
Georgia Code - Property - Title 44, Section 44-5-110 This article shall be known and may be cited as 'The Georgia Transfers to Minors Act.' ...
Georgia Code - Property - Title 44, Section 44-5-111 As used in this article, the term: (1) 'Adult' means an individual who has attained the age of 21 years. (2) 'Benefit ...
Georgia Code - Property - Title 44, Section 44-5-112 (a) This article applies to a transfer that refers to 'The Georgia Transfers to Minors Act' in the designation under subsection (a) of Code Section 44-5-119 by which ...
Georgia Code - Property - Title 44, Section 44-5-113 (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the ...
Georgia Code - Property - Title 44, Section 44-5-114 A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit ...
Georgia Code - Property - Title 44, Section 44-5-115 (a) A personal representative or trustee may make an irrevocable transfer pursuant to Code Section 44-5-119 to a custodian for the benefit of a minor as authorized in ...
Georgia Code - Property - Title 44, Section 44-5-116 (a) Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which ...
Georgia Code - Property - Title 44, Section 44-5-117 (a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a ...
Georgia Code - Property - Title 44, Section 44-5-118 A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article. ...
Georgia Code - Property - Title 44, Section 44-5-119 (a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: ...
Georgia Code - Property - Title 44, Section 44-5-120 A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the ...
Georgia Code - Property - Title 44, Section 44-5-121 (a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) Failure of the transferor to comply ...
Georgia Code - Property - Title 44, Section 44-5-122 (a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and ...
Georgia Code - Property - Title 44, Section 44-5-123 (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that adult owners have over their own property, but a ...
Georgia Code - Property - Title 44, Section 44-5-124 (a) A custodian may deliver or pay to the minor or expend for or apply to the minor´s benefit so much or the whole of the custodial property ...
Georgia Code - Property - Title 44, Section 44-5-125 (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian´s duties. (b) Except for one who ...
Georgia Code - Property - Title 44, Section 44-5-126 A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or ...
Georgia Code - Property - Title 44, Section 44-5-127 (a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from ...
Georgia Code - Property - Title 44, Section 44-5-128 (a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section ...
Georgia Code - Property - Title 44, Section 44-5-129 (a) A minor who has attained the age of 14 years, the minor´s guardian of the person or legal representative, an adult member of the minor´s family, a ...
Georgia Code - Property - Title 44, Section 44-5-130 The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor´s estate upon the earliest of: (1) The ...
Georgia Code - Property - Title 44, Section 44-5-131 This article applies to a transfer within the scope of Code Section 44-5-112 made after July 1, 1990, if: (1) The transfer purports to have ...
Georgia Code - Property - Title 44, Section 44-5-132 (a) Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former ...
Georgia Code - Property - Title 44, Section 44-5-133 This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting ...
Georgia Code - Property - Title 44, Section 44-5-134 The former Article 5 of this chapter, known as 'The Georgia Gifts to Minors Act,' is repealed. To the extent that this new article, by virtue of subsection ...
Georgia Code - Property - Title 44, Section 44-5-140 This article may be cited as the 'Georgia Anatomical Gift Act.' ...
Georgia Code - Property - Title 44, Section 44-5-141 This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ...
Georgia Code - Property - Title 44, Section 44-5-142 As used in this article, the term: (1) 'Anatomical gift' means a donation of all or part of a human body to take effect upon ...
Georgia Code - Property - Title 44, Section 44-5-143 (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified ...
Georgia Code - Property - Title 44, Section 44-5-143.1 (a) The parents, legal guardian, or other person authorized under subsection (b) of this Code section may, unless otherwise directed by a will, give all or any part ...
Georgia Code - Property - Title 44, Section 44-5-144 The following persons may become donees of gifts of bodies or parts thereof for the purposes stated: (1) Any hospital, surgeon, or physician, for medical ...
Georgia Code - Property - Title 44, Section 44-5-145 (a) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may be made by will. The gift becomes effective upon the ...
Georgia Code - Property - Title 44, Section 44-5-146 If the gift is made by the donor to a specified donee, the document of gift or an executed copy thereof may be delivered to the donee to ...
Georgia Code - Property - Title 44, Section 44-5-147 (a) If the document of gift or an executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by: ...
Georgia Code - Property - Title 44, Section 44-5-148 (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, ...
Georgia Code - Property - Title 44, Section 44-5-149 (a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons: ...
Georgia Code - Property - Title 44, Section 44-5-150 The Advisory Board on Anatomical Gift Procurement shall: (1) Consult with, advise, and lend expertise to the Department of Human Resources in the implementation and ...
Georgia Code - Property - Title 44, Section 44-5-151 (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. ...
Georgia Code - Property - Title 44, Section 44-5-160 Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of time fixed by law. ...
Georgia Code - Property - Title 44, Section 44-5-161 (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; ...
Georgia Code - Property - Title 44, Section 44-5-162 (a) In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive ...
Georgia Code - Property - Title 44, Section 44-5-163 Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property ...
Georgia Code - Property - Title 44, Section 44-5-164 Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title ...
Georgia Code - Property - Title 44, Section 44-5-165 Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of ...
Georgia Code - Property - Title 44, Section 44-5-166 (a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of the ...
Georgia Code - Property - Title 44, Section 44-5-167 Possession under a duly recorded deed will be construed to extend to all the contiguous property embraced in the deed. ...
Georgia Code - Property - Title 44, Section 44-5-168 (a) Whenever mineral rights are conveyed or whenever real property is conveyed in fee simple but the mineral rights to such property are reserved by the grantor, the ...
Georgia Code - Property - Title 44, Section 44-5-169 Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, ...
Georgia Code - Property - Title 44, Section 44-5-170 Prescription shall not run against the rights of a minor during his minority, a person incompetent by reason of mental illness or retardation as long as the mental ...
Georgia Code - Property - Title 44, Section 44-5-171 Prescription shall not run against persons under disability during the period of the disability. Upon removal of the disability the prior possession may be tacked or added to ...
Georgia Code - Property - Title 44, Section 44-5-172 An inchoate prescriptive title may be transferred by a person in possession to his successor so that successive possessions may be tacked to make out the prescription. ...
Georgia Code - Property - Title 44, Section 44-5-173 (a) Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years. (b) Prescription shall not run ...
Georgia Code - Property - Title 44, Section 44-5-174 In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession of a grantor whose ...
Georgia Code - Property - Title 44, Section 44-5-175 An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired ...
Georgia Code - Property - Title 44, Section 44-5-176 Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt, or any other instrument ...
Georgia Code - Property - Title 44, Section 44-5-177 Possession of personal property in conformance with the requirements of Code Section 44-5-161 for a period of four years confers title to the property by prescription. No prescription ...
Georgia Code - Property - Title 44, Section 44-5-190 through 44-5-199 Reserved. ...
Georgia Code - Property - Title 44, Section 44-5-210 The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him. ...
Georgia Code - Property - Title 44, Section 44-5-211 (a) As used in this Code section, the term 'lot' means any lot or portion of a lot in a cemetery owned by a county, municipality, or consolidated ...
Georgia Code - Property - Title 44, Section 44-5-230 After an owner dedicates land to public use either expressly or by his actions and the land is used by the public for such a length of time ...
Georgia Code - Property - Title 44, Section 44-6-1 Reserved. ...
Georgia Code - Property - Title 44, Section 44-6-2 If two estates in the same property shall unite in the same person in his individual capacity, the lesser estate shall be merged into the greater. ...
Georgia Code - Property - Title 44, Section 44-6-3 As a general rule, a party may not hold a lien on his own property; but the owner of property which is subject to a lien created or ...
Georgia Code - Property - Title 44, Section 44-6-20 An absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which ...
Georgia Code - Property - Title 44, Section 44-6-21 The word 'heirs' or its equivalent is not necessary to create an absolute estate. Every properly executed conveyance shall be construed to convey the fee unless a lesser ...
Georgia Code - Property - Title 44, Section 44-6-22 An absolute estate may be created to commence in the future, and the fee may be in abeyance without detriment to the rights of subsequent remainders. A fee ...
Georgia Code - Property - Title 44, Section 44-6-23 Limitations over to 'heirs,' 'heirs of the body,' 'lineal heirs,' 'lawful heirs,' 'issue,' or words of similar meaning shall be held to mean 'children' whether the parents are ...
Georgia Code - Property - Title 44, Section 44-6-24 (a) Estates tail are prohibited and abolished and the law shall not presume or imply such an estate. Gi |