Georgia Code - Property - Title 44

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As used in this title, the term 'property' means: (1) Realty and personalty which is actually owned; (2) The right of ownership ...

(a) As used in this title, the term 'realty' or 'real estate' means: (1) All lands and the buildings thereon; (2) All ...

(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, ...

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 ...

As used in this title in referring to property, the term 'title' signifies the means whereby a person´s right to property is established. ...

(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 ...

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. ...

(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 ...

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 ...

The offspring of all animals follows the ownership of the mother and belongs to the owner of the mother at the time of birth. ...

(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 ...

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 ...

(a) As used in this Code section, the term: (1) 'Commission' means the Public Service Commission. (2) 'Private property' means any parcel ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

(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 ...

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 ...

(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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

(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 ...

(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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

(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: ...

(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: ...

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 ...

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 ...

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 ...

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, ...

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, ...

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 ...

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 ...

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 ...

This article shall be known and may be cited as 'The Land Registration Law.' ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

A nonresident petitioner shall appoint a resident agent or attorney upon whom process and notice may be served. ...

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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

No decree shall be rendered by default and without the necessary facts being shown. ...

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 ...

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 ...

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. ...

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 ...

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 ...

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. ...

(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 ...

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 ...

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 ...

(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, ...

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 ...

(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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

(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 ...

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 ...

(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 ...

(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, ...

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 ...

Reserved. ...

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. ...

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 ...

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 ...

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 ...

(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 ...

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 ...

(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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

Reserved. ...

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 ...

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 ...

(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 ...

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 ...

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, ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

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 ...

The following is prescribed as the form of petition to be used when application is made for the original register of lands: IN ...

The following is prescribed as the form of process to be attached to the petition: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF ...

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 ...

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 ...

The sheriff´s return should be made substantially in the following form and entered on or attached to the petition: STATE OF GEORGIA, ...

The clerk should also enter on the petition a certificate substantially in the following form: I certify that on the ______ day of ______________, ____, ...

A form reading substantially as follows should be used in appointing examiners: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...

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 ...

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: ...

The following is suggested as the general form of the preliminary report of an examiner: IN THE SUPERIOR COURT OF __________ COUNTY STATE ...

The following is suggested as the general form of the examiner´s final report: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...

Decrees of title should be rendered in accordance with the following form: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA ...

(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: ...

(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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

The following are prescribed as the regular forms of transfer, but other forms may be used in accordance with this article: TRANSFER OF ...

(a) The following is a form of the creditor´s certificate referred to in this article: CREDITOR´S CERTIFICATE State of ...

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 ...

(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 ...

(a) The regular form of mortgaging shall be as follows: The undersigned __________________________ to secure the following indebtedness ______________________________________________________________________ ______________________________________________________________________ ...

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 ...

The regular form to be used for the notation of a judgment on the title register is as follows: NOTATION OF JUDGMENT ...

(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 ...

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 ...

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 ...

Reserved. ...

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 ...

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 ...

This article shall be known and may be cited as the 'Georgia Land Sales Act.' ...

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 ...

(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 ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

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: ...

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 ...

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 ...

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, ...

This article shall be known and may be cited as the 'Georgia Condominium Act.' ...

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 ...

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 ...

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 ...

(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 ...

(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 ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

(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, ...

(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 ...

(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 ...

(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, ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

(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 ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

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 ...

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) ...

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 ...

(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: ...

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 ...

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 ...

(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, ...

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 ...

(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 ...

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, ...

(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 ...

(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 ...

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 ...

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 ...

Reserved. ...

This article shall be known and may be cited as the 'Georgia Time-Share Act.' ...

The purposes of this article are to: (1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share ...

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 ...

(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 ...

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 ...

(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 ...

(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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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 ...

(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: ...

(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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

(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 ...

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 ...

(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 ...

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 ...

(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 ...

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 ...

This article shall be known and may be cited as the 'Georgia Property Owners´ Association Act.' ...

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 ...

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 ...

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 ...

(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 ...

(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 ...

(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 ...

(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 ...

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 ...

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, ...

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 ...

(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: ...

(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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

(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 ...

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 ...

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 ...

(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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

(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 ...

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 ...

The title to all lands originates in grants from the Government and, since its independence, from the state. ...

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 ...

The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient. ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

(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 ...

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 ...

Grants may be impeached before the courts where they are: (1) Void upon their face; (2) Issued without authority of law or ...

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 ...

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. ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds. ...

Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary. ...

When a grantee accepts a deed, he is bound by the covenants contained therein even though the deed has not been signed by him. ...

Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. ...

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 ...

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 ...

A deed to lands which is made while the lands are held adversely to the maker of the deed is not void. ...

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 ...

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 ...

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 ...

Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance. ...

(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 ...

(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 ...

In a sale of land there is no implied warranty of title. ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

To constitute a valid inter vivos gift, the following criteria must be met: (1) The donor must intend to give the gift; (2) ...

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

(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 ...

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, ...

(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 ...

This article shall be known and may be cited as 'The Georgia Transfers to Minors Act.' ...

As used in this article, the term: (1) 'Adult' means an individual who has attained the age of 21 years. (2) 'Benefit ...

(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 ...

(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 ...

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 ...

(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 ...

(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 ...

(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 ...

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. ...

(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: ...

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 ...

(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 ...

(a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and ...

(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 ...

(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 ...

(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 ...

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 ...

(a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from ...

(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 ...

(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 ...

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 ...

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 ...

(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 ...

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 ...

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 ...

This article may be cited as the 'Georgia Anatomical Gift Act.' ...

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ...

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 ...

(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 ...

(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 ...

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 ...

(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 ...

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 ...

(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: ...

(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, ...

(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: ...

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 ...

(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. ...

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. ...

(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; ...

(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 ...

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 ...

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 ...

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 ...

(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 ...

Possession under a duly recorded deed will be construed to extend to all the contiguous property embraced in the deed. ...

(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 ...

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, ...

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 ...

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 ...

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. ...

(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 ...

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 ...

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 ...

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 ...

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 ...

Reserved. ...

The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him. ...

(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 ...

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 ...

Reserved. ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

(a) Estates tail are prohibited and abolished and the law shall not presume or imply such an estate. Gifts or grants to a person and the heirs of ...

All limitations over after the death of the first taker, upon his 'dying without heirs,' 'dying without issue,' 'dying without leaving heirs or issue,' 'on failure of issue,' ...

An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions. ...

Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The ...

Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately. ...

Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the ...

No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of ...

(a) An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future. (b) ...

Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon ...

Since no particular estate is necessary to sustain a remainder, the defeat of the particular estate for any cause does not destroy the remainder. ...

Reserved. ...

Estates in remainder may not be created by parol. ...

Estates in remainder may be created for persons not in being. If such a remainder is vested, it will open to take in all persons within the description ...

The law favors the vesting of remainders in all cases of doubt. In construing wills, words of survivorship shall refer to those survivors living at the time of ...

The assent of an executor to a legacy to a life tenant inures to the benefit of the remainderman. At the termination of the life estate, the remainderman ...

Limitations over upon the marriage of a widow shall be valid unless such limitations are manifestly intended to operate as a restraint upon the free action of such ...

Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are ...

An estate for life may be either for the life of the tenant or for the life of some other person or persons. ...

(a) An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law. (b) A ...

The tenant for life shall be entitled to the full use and enjoyment of the property if in such use he exercises the ordinary care of a prudent ...

The natural increase of the property shall belong to the tenant for life. Any extraordinary accumulation of the corpus, such as an issue of new stock upon the ...

If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, ...

If the tenant for life rents the land by the year and the life estate is terminated during the year by his death or otherwise, the lessee, upon ...

No forfeiture shall result when a tenant for life purports to sell the entire estate in lands. In such a case, the purchaser shall acquire only the interest ...

Upon the demand of anyone interested in the remainder or his agent or attorney, which demand shall be accompanied by a statement under oath of his interest, it ...

The tenant for life in personalty shall not remove such personalty outside this state without the consent of the remainderman. If the tenant for life fraudulently attempts to ...

(a) The judge of the superior court shall have jurisdiction to hear any case that: (1) Involves a tenant for life in real property or the ...

(a) An estate for years is one which is limited in its duration to a period which is fixed or which may be made fixed and certain. Such ...

As applied to personalty, an estate for years differs from a contract of hiring, which is a bailment conveying no interest in the property to the bailee but ...

The grant by one person to another of an estate for years out of his own estate, with reversion to himself, is usually termed a lease. Such a ...

An estate for years carries with it the right to use the property in as absolute a manner as may be done with a greater estate, provided that ...

A tenant for years is not entitled to emblements unless, before the end of the period which had been fixed for the termination of the estate for years, ...

A tenant for years is liable for all repairs or other expenses which are necessary for the preservation and protection of the property. ...

In light of the entire instrument, the dependence or independence of covenants or conditions must be determined from the intention of the parties. If the conditions are dependent, ...

Unless otherwise specifically provided by statute and unless the document or instrument provides otherwise, a tenancy in common is created wherever from any cause two or more persons ...

(a) Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint ...

If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other ...

There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice ...

Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just. ...

In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either ...

The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties. ...

When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as ...

If the party desiring the writ of partition is of full age and free from disability, he may make the application either in person or by his agent ...

The party applying for the writ of partition shall give the other parties concerned at least 20 days´ notice of his intention to make the application. If any ...

When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given, the court shall examine ...

The partitioners shall have the power to select a surveyor to aid them in the discharge of their duties. After giving all the parties, if possible, at least ...

At the term of the court when the application is made or at the next term after the partitioners have made their return, any of the persons against ...

If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the trial finds a verdict ...

(a) As used in this Code section, the term: (1) 'Party in interest' means any person, other than a petitioner, having an interest in property. ...

In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands ...

After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of ...

Upon the sale of lands and tenements as provided for in Code Section 44-6-167, the parties in interest shall execute a title to the purchaser; and, if any ...

In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the ...

When proceedings have been instituted and judgment of the partition has been rendered according to the regulations prescribed in this part and if any one of the parties ...

In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime with remainder or reversion ...

(a) Under the partition proceeding provided in Code Section 44-6-172, the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners ...

The right of partition provided by Code Sections 44-6-172 and 44-6-173 shall be cumulative to existing laws. ...

(a) Deeds and other instruments of title, including any instrument in which one person conveys to himself and one or more other persons, any instrument in which two ...

This article shall be known and may be cited as the 'Uniform Statutory Rule Against Perpetuities.' ...

(a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain either to vest or to terminate within the ...

(a) Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested ...

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor´s manifested plan of distribution and is ...

Code Section 44-6-201 shall not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a ...

(a) Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on ...

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 ...

(a) The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess ...

(a) Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol. (b) In any contract, lease, ...

(a) At or before the commencement of a tenancy, the landlord or an agent or other person authorized to enter into a rental agreement on behalf of the ...

(a) Municipalities and counties may establish by local ordinance minimum security standards not in conflict with applicable fire codes to prevent the unauthorized entry of premises occupied by ...

When, in an action for rent, title is shown in the plaintiff and occupation by the defendant is proved, an obligation to pay rent is generally implied. However, ...

Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will. ...

Sixty days´ notice from the landlord or 30 days´ notice from the tenant is necessary to terminate a tenancy at will. ...

The tenant at will is entitled to his emblements if the crop is sowed or planted before the landlord gives him notice of termination of the tenancy, if ...

The tenant may not dispute his landlord´s title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive ...

The tenant shall deliver possession to the landlord at the expiration of his term; and, if he fails or refuses to do so, a summary remedy pursuant to ...

The tenant has no rights beyond the use of the land and tenements rented to him and such privileges as are necessary for the enjoyment of his use. ...

During the term of his tenancy or any continuation thereof or while he is in possession under the landlord, a tenant may remove trade fixtures erected by him. ...

The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent. ...

Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of ...

(a) As used in this Code section, the term 'utilities' means heat, light, and water service. (b) It shall be unlawful for any landlord knowingly ...

The destruction of a tenement by fire or the loss of possession by any casualty not caused by the landlord or from a defect of his title shall ...

All contracts for rent shall bear interest from the time the rent is due. ...

When it is agreed that the tenant shall pay to the landlord as rent a part of the crop produced on the lands rented from the landlord and ...

(a) As used in this Code section, the term: (1) 'Assignation' means the making of any appointment or engagement for prostitution or any act in ...

No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for ...

When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement ...

(a) Where a landlord or tenant has entered into a written brokerage commission agreement for the payment of compensation or promise of payment to a real estate broker ...

(a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, ...

As used in this article, the term: (1) 'Residential rental agreement' means a contract, lease, or license agreement for the rental or use of real ...

Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or his agent on behalf of a tenant, such security deposit shall ...

(a) As an alternative to the requirement that security deposits be placed in escrow as provided in Code Section 44-7-31, the landlord may post and maintain an effective ...

(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for ...

(a) Except as otherwise provided in this article, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs ...

(a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance ...

Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, ...

Notwithstanding any other provision of this chapter, if a person is on active duty with the United States military and enters into a residential lease of property for ...

(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant ...

(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over ...

(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, ...

(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section ...

(a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of ...

(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any ...

Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed ...

This article shall apply to croppers and servants who continue to hold possession of lands and tenements after their employment as croppers or servants has terminated and in ...

Anyone who, under oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section 44-7-50 or in an answer filed pursuant ...

If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing ...

The landlord shall have power to distrain for rent as soon as the same is due if the tenant is seeking to remove his property from the premises. ...

When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon ...

When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before ...

In an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with ...

(a) At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the ...

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the ...

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with ...

(a) If, on the trial of the case, the judgment is against the tenant, the judgment shall be entered against the tenant for all rent due and for ...

Any judgment by the trial court shall be appealable to the appellate court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment of ...

Whenever a distress warrant is granted pursuant to this article, the distress warrant may be levied by the marshal, the sheriff, or the deputy on any property belonging ...

The landlord´s lien for his rent shall attach from the time that the affidavit is made pursuant to Code Section 44-7-71; but it shall take precedence over no ...

A third person may make a claim to the distrained property by giving the oath and the bond as is required in cases of other claims. Such a ...

(a) As used in this Code section, the term 'mobile home' means a movable or portable dwelling over 32 feet in length and over eight feet wide which ...

Where a person is employed to work for part of the crop, the relationship of landlord and tenant does not arise. The title to the crop, subject to ...

Whenever the relationship of landlord and cropper exists, the title to and right to control and possess the crops grown and raised upon the lands of the landlord ...

In all cases where a cropper unlawfully sells or otherwise disposes of any part of a crop or where the cropper seeks to take possession of such crops ...

(a) Any cropper who sells or otherwise disposes of any part of the crop grown by him without the consent of the landlord before the landlord has received ...

Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor ...

The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner´s boundary ...

The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. The legislature ...

It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, ...

(a) As used in this chapter, the term 'navigable stream' means a stream which is capable of transporting boats loaded with freight in the regular course of trade ...

The title to the beds of all nonnavigable tidewaters where the tide regularly ebbs and flows shall vest in the owner of the adjacent land for all purposes, ...

(a) A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is ...

Nothing in Code Sections 44-8-6 and 44-8-7 shall be so construed as to authorize such an exclusive appropriation of any tidewater, navigable or nonnavigable, by any person as ...

All persons owning lands on any watercourses are authorized to ditch and embank their lands in order to protect the lands from freshets and overflows in the watercourses, ...

The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one´s lands is appurtenant to the ownership of ...

The right of private way over another´s land may arise from an express grant, from prescription by seven years´ uninterrupted use through improved lands or by 20 years´ ...

A right to an easement of light and air passing over another´s land through existing lights or windows may not be acquired by prescription; but, when a person ...

(a) Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. If they ...

A parol license to use another´s land is revocable at any time if its revocation does no harm to the person to whom it has been granted. A ...

Where a way of necessity is appurtenant to land and the owner thereof purchases other land which provides him access to a highway over his own land, the ...

An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or ...

No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or ...

This article shall be known and may be cited as the 'Solar Easement Act of 1978.' ...

The General Assembly finds that the use of solar energy in this state can help reduce the nation´s reliance upon imported fuels and that solar energy development should, ...

Any easement obtained for the purpose of ensuring the exposure of a solar energy device shall be created in writing and shall be subject to the same requirements ...

Any instrument creating a solar easement shall include, but shall not be limited to: (1) A definite and certain description of the airspace affected by such ...

(a) The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of business. Private ways shall ...

The petition shall describe the easement of private way sought to be condemned over the lands of another and shall state the distance and direction of the private ...

The petition for condemnation shall name an assessor to act on behalf of the person or corporation seeking to condemn the easement of private way; and the selection ...

Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, ...

Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be ...

Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to ...

The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall ...

With respect to the judgment of the court in such case, any party may have all remedies provided by law, including a motion for a new trial, a ...

Code Section 44-9-47 shall not divest the court of jurisdiction to permit payment by the applicant of the compensation fixed by the jury upon terms to which the ...

Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered ...

When a private way becomes established, it shall be entered on and fully described on the official minutes of the county commission and the road deed file; and ...

Several landowners may join together in opening a private way or in maintaining it after establishment or both. When this has been done and has been entered on ...

When several landowners join together in opening a private way, they may apportion the road work among themselves. ...

If a private way is established over the wild lands of a person who has no notice of the proceeding, at any time within six months after the ...

Whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall ...

When a person has established a private way and has enjoyed its use for as long as seven years, the right to use the private way shall become ...

If a road has been used as a private way for as much as one year, the owner of the land over which it passes may not close ...

(a) When a private way is established over the land of another for the purpose of hauling wood, timber, or any other commodity to any place of landing ...

When the applicant for a private way also desires to use another´s landing, he must state this desire in his petition so that proper damages may be assessed ...

(a) In the event the owner or owners of land over which a private way may pass or any other person obstructs, closes up, or otherwise renders the ...

Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the ...

Any person, firm, corporation, company of persons, or corporation chartered under the laws of any state of the United States who is actually engaged in the business of ...

In the event the parties disagree as to the necessity for the right of way sought to be condemned and as to the compensation to be paid to ...

In all cases where it may be deemed desirable and necessary to divert any watercourse from its usual channel for any of the purposes specified in Code Section ...

(a) The owner of any mine shall have the right to enter upon any land between the mine and the water power upon which the mine is dependent ...

(a) The owner of any mine shall have the right to enter upon any land and to cut and open thereon such ditches, canals, and tunnels or to ...

Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall ...

In no instance shall a greater amount of water, measured in cubic feet, than the surplus be withdrawn and carried away entirely from a stream above any mill ...

Any person or corporation desiring to build or construct any tramway to connect with any waterway or railway in this state for the purpose of transporting lumber, naval ...

When the application provided for in Code Section 44-9-90 has been filed in the office of the judge of the probate court or the office of the county ...

If the tramway so laid out shall at any time cease to be used for such purposes, the land employed for such way shall revert to the owner ...

This article shall be known and may be cited as the 'Georgia Uniform Conservation Easement Act.' ...

As used in this article, the term: (1) 'Conservation easement' means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, ...

(a) Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same ...

(a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; ...

A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be ...

(a) This article applies to any interest created after July 1, 1992, which complies with this article, whether designated as a conservation or facade easement, or as a ...

This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting ...

A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be ...

This article shall be known and may be cited as the 'Georgia Historic Preservation Act.' ...

The General Assembly finds that the historical, cultural, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this ...

As used in this article, the term: (1) 'Certificate of appropriateness' means a document approving a proposal to make a material change in the appearance ...

Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment ...

(a) The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or ...

Any municipal, county, or joint historic preservation commission appointed or designated pursuant to Code Section 44-10-24 shall be authorized to: (1) Prepare an inventory of all ...

(a) Ordinances adopted by local governing bodies to designate historic properties or historic districts shall be subject to the following requirements: (1) Any ordinance designating ...

(a) After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a ...

(a) Prior to reviewing an application for a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any ...

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or ...

The municipal or county governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to ...

Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of ...

A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant´s title. Where both parties claim under a ...

A plaintiff in ejectment may recover the premises in dispute upon his prior possession alone against one who subsequently acquires possession of the land by mere entry and ...

Any joint tenant, tenant in common, or other person having a part interest in lands or tenements may bring an action of ejectment for the recovery of such ...

When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ...

A plaintiff in ejectment may in all cases make the true claimant a defendant by serving a copy of the pending action upon him, and the person so ...

A defendant in ejectment may disclaim any claim of title or right of possession. After such disclaimer is filed, such defendant shall not be liable for any future ...

(a) By adding a count in his petition and submitting the evidence to the jury, the plaintiff in ejectment may recover by way of damages all such sums ...

A trespasser may not set off improvements in an action brought for mesne profits except when the value of the premises has been increased by the repairs or ...

(a) In all actions for the recovery of land, the defendant who has a bona fide possession of the land under adverse claim of title may set off ...

A previous warrantor of the title to the land in dispute may be a codefendant in an action of ejectment, provided he would be answerable in damages in ...

If a codefendant in any action of ejectment dies after the commencement of the action, the action may proceed against the surviving defendant without making the representative of ...

The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits. ...

A judgment in ejectment shall be conclusive as to the title between the parties thereto unless the jury awards the plaintiff less than the fee. ...

When a verdict in ejectment is rendered in favor of the plaintiff and a judgment is entered thereon, the clerk of the superior court shall issue a writ ...

The writ of possession shall not issue against third persons who were not known in the action on which such writ of possession is founded nor against third ...

When any person, either by himself, his agent, or his attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an ...

The sheriff shall be a competent officer to administer the oath to the person in possession if he desires to tender the counteraffidavit provided for in Code Section ...

If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not turn him out of possession but shall leave both parties ...

If the jury, upon the trial provided for in Code Section 44-11-32, finds for the plaintiff, the clerk of the court shall issue a writ of possession and ...

Application may be made and partition of personal property may be obtained in the same manner and under the same regulations as are prescribed by law for obtaining ...

A chose in action is personalty to which the owner has a right of possession in the future or a right of immediate possession which is being wrongfully ...

For every violation of an express or implied contract and for every injury done by another to one´s person or property, the law gives a right to recover ...

Except as may be otherwise provided in Title 11, all choses in action arising upon contract may be assigned so as to vest the title in the assignee, ...

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the ...

Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A ...

A bailment is a delivery of goods or property upon a contract, express or implied, to carry out the execution of a special object beneficial either to the ...

As a general rule, the contract of bailment is an entire contract and a full performance is a condition precedent to an action upon it. ...

During the bailment, in all cases the bailee has a right to the possession of the property and in most cases a special right of property in the ...

All bailees are required to exercise care and diligence to protect the thing bailed and to keep it safe. Different degrees of diligence are required according to the ...

In all cases of bailment, after proof of loss by the bailor, the burden of proof is on the bailee to show proper diligence. ...

In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that ...

The term 'hiring' means a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry of ...

The hirer of things acquires a qualified ownership of them for the time specified, which qualified ownership entitles him to all their increase and to the possession and ...

(a) The duties of the hirer of things are: (1) To put the thing to no other use than that for which it is hired; ...

The obligations of the bailor of things are: (1) To do no act to deprive the hirer of the use and enjoyment of the chattel ...

The contract of hire may call for the return of the thing or of like property of the same kind and quality. If the return of the thing ...

If either party violates the terms of the hiring, the other party may abandon the contract. If the hirer puts the thing to a different use than is ...

The loss or destruction of the thing hired without fault on the part of the hirer puts an end to the bailment, and the hirer is required to ...

No hirer of a thing has a right to hire out the thing bailed to him to another person except with the consent, express or implied, of the ...

No hirer of things has a right to remove such things beyond the jurisdiction of this state except by consent of the bailor nor to put the thing ...

For an interference with the possession of the thing hired, the right of action is in the hirer; for an injury to the property and for any interference ...

When the period of the hiring does not exceed one year, the thing hired shall not be subject to sale under a judgment against the owner of the ...

The hire of labor or services is the essence of every bailment in which goods are delivered to another and compensation is paid for the care, attention, or ...

In cases of hire of labor or services, if the identical article, though materially changed by the labor bestowed, is to be returned, the title remains in the ...

The bailee for hire of labor and services is entitled to the possession of the thing bailed during the bailment. ...

If the thing bailed for labor and services is destroyed without fault on the part of the bailee, the loss falls upon the bailor; and the bailee may ...

Since peculiar confidence is reposed in a factor, he may, in the absence of instructions, exercise his discretion according to the general usages of the trade. In return, ...

The keeper of a livery stable is a depository for hire and is bound to use the same diligence as an innkeeper. ...

The relationship of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. The bailee ...

One who keeps a wharf is a depository for hire and is liable upon the same principles as a warehouseman. ...

As used in this part, the term: (1) 'Deposit' means the delivery of chattels by one person to another to keep for the use of ...

A person may voluntarily undertake to be a depository or may become so involuntarily, as by finding chattels. For a naked deposit, the depository is responsible only for ...

Depositories for hire are bound to exercise ordinary care and diligence and are liable as in other cases of bailment for hire. ...

If one, in addition to safekeeping, undertakes gratuitously to carry money or other articles to another place, his liability is the same as that of a naked depository. ...

One who holds a naked deposit may at any time terminate the bailment by a redelivery of the chattels to the bailor. ...

One who holds a naked deposit may not use such deposit without increasing his responsibility unless the use is necessary to preserve the deposit or, from the circumstances, ...

One who holds a naked deposit is entitled to be reimbursed for all charges and expenses which he incurs by reason of the deposit, and he may retain ...

Loans may be either for consumption or for use. A loan for consumption is a loan of an article which is not to be returned in specie, but ...

A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A ...

The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect. ...

A loan is generally entirely for the benefit of the borrower, but sometimes it is for the joint benefit of the lender and the borrower and occasionally it ...

The borrower acquires no property right in the thing loaned but only the right to possess and use it. The borrower may bring an action for any interference ...

If a loan is for the personal benefit and use of the borrower, he cannot transfer the possession of the thing loaned to another without the consent, express ...

The lender may not revoke a loan which is made for a definite time so long as the borrower meets fully his engagements with respect to such loan. ...

Since a loan is gratuitous, the borrower must pay all necessary charges and expenses in preserving and taking care of the property during the time of the loan. ...

The increase of loaned property, except property loaned by special contract, belongs to the lender. ...

The property loaned must be used strictly for the purpose and in the manner contemplated by the parties. A violation by the borrower is a conversion. ...

The death of the lender terminates all indefinite loans or loans at will or pleasure. It does not terminate a loan for a definite time. The death of ...

As used in this part, the term: (1) 'Month' means that period of time from one date in a calendar month to the corresponding date ...

(a)(1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods. (2) A pawnbroker shall ...

Every pawnbroker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale: ...

Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections ...

The record of each pawn or purchase transaction provided for in Code Sections 44-12-132 and 44-12-133 shall be maintained for a period of not less than four years. ...

Nothing in this part shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed ...

Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair ...

(a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall: (1) Fail to make an entry of any material matter in his ...

(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the ...

In actions to recover the possession of chattels, it shall not be necessary to prove any conversion of the property if the defendant is in possession when the ...

In an action to recover personal property, the plaintiff may elect: (1) To accept an alternative verdict for the property or for its value; ...

For personalty unlawfully detained, the plaintiff may recover a sum in the amount of the highest value which he is able to prove existed between the time of ...

In actions for the recovery of personal property, if the defendant disclaims all title and tenders the property to the plaintiff when he files his answer, together with ...

When personal property is sold and the vendor retains the title until all the purchase money is paid, if the vendor or his assigns shall bring an action ...

An alternative verdict in an action of trover vests the title to the property in the plaintiff to the extent that until the judgment is paid by the ...

When a verdict for damages is rendered in favor of a plaintiff in trover and a judgment is entered thereon, the verdict and judgment shall not have the ...

Pending a trover action, the death or destruction of or material injury to the property in dispute shall be no defense to a mere wrongdoer. If the defendant ...

In an action of trover or bail trover where the principal amount is $100.00 or less or where the value of the property sought to be recovered is ...

Whenever any officer has taken possession of any property under process in any case of trover and the property remains in the hands of the officer because neither ...

When the plaintiff in a trover action has replevied the property and on the trial of the case fails to recover or dismisses his petition, the defendant may ...

This article shall be known and may be cited as the 'Disposition of Unclaimed Property Act.' ...

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ...

As used in this article, the term: (1) 'Apparent owner' means the person whose name appears on the records of the holder as the person ...

All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder´s ...

Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the ...

(a) Except as otherwise provided in this Code section, any sum payable on a traveler´s check that has been outstanding for more than 15 years after its issuance ...

Any sum payable on a check, draft, or similar instrument, except money orders, traveler´s checks, and other similar instruments subject to Code Section 44-12-195, on which a banking ...

(a) Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward the purchase of ...

(a) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed abandoned if unclaimed for more than ...

The following funds held or owing by any utility are presumed abandoned: (1) Any deposit made by a subscriber with a utility to secure payment for ...

Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a ...

(a) Pursuant to Code Section 44-12-193, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to its ...

All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a person that remains unclaimed by the person entitled thereto, within one year ...

(a) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within ...

All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the ...

(a) A gift certificate or a credit memo issued in the ordinary course of an issuer´s business which remains unclaimed by the owner for more than five years ...

Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder´s business, that have remained unclaimed by the owner for more than ...

(a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has ...

(a) Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service ...

(a) If the rental due on a safe-deposit box has not been paid for one year, the lessor shall send a notice by registered mail or statutory overnight ...

The abandonment period of any property described in Code Section 44-12-197 that is automatically renewable shall commence upon the expiration of its initial time period except that, in ...

(a) Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within five years ...

If specific property which is subject to the provisions of Code Section 44-12-193 is held for or owed or distributable to an owner whose last known address is ...

(a) The commissioner may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that ...

(a) Every person holding funds or other property, tangible or intangible, presumed abandoned under this article shall report and remit to the commissioner with respect to the property ...

(a) The commissioner shall cause to be published notice of the reports filed under Code Section 44-12-214, once a year in a newspaper of general circulation. ...

(a) Upon payment or delivery of abandoned property to the commissioner, the state shall assume custody and shall be responsible for the safekeeping of the property. Any person ...

(a) All abandoned property, other than money delivered to the commissioner under this article, shall, within three years after the delivery, be sold by him to the highest ...

(a) All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall forthwith be deposited by the commissioner in ...

The commissioner, after receiving reports of property deemed abandoned pursuant to this article, may decline to receive any property reported which he deems to have a value less ...

(a) A person, excluding another state, claiming an interest in any property paid or delivered to the commissioner may file with him a claim on a form prescribed ...

Any person aggrieved by a decision of the commissioner or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim ...

(a) The commissioner shall consider any claim filed under this article and may hold a hearing and receive evidence concerning it. If a hearing is held, he shall ...

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of ...

(a) All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the commissioner under this article shall be unenforceable for ...

Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article. ...

The expiration, before or after July 1, 1990, of any period of time specified by contract, statute, or court order during which a claim for money or property ...

(a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 ...

(a) Every financial institution, banking organization, and business association and all other holders required to file a report under Code Section 44-12-214 shall retain all books, records, and ...

(a) The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed ...

The commissioner may employ the services of such independent consultants, and other persons possessing specialized skills or knowledge as he shall deem necessary or appropriate for the administration ...

(a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence ...

(a) This article does not relieve the holder of a duty that arose before July 1, 1990, to report, pay, or deliver property. A holder who did not ...

Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of ...

This article does not apply to any property held, due, and owing in a foreign country and arising out of a foreign transaction. ...

The commissioner may make necessary rules and regulations to carry out the provisions of this article. ...

(a) As used in the Code section, the term: (1) 'Approved uses' means: (A) Donated to an Internal Revenue Code Section 501(c)(3) ...

As used in this article, the term: (1) 'Harvesting season' means that portion of each calendar year beginning on October 1 and ending on December ...

(a) When pecan trees are grown on private property and the branches of the trees extend over public roads, streets, or highway rights of way, any pecans falling ...

Any pecans remaining on public roads, streets, or highway rights of way during any portion of the calendar year except the harvesting season shall be deemed to be ...

This article shall not be construed to prohibit employees of the Department of Transportation or the employees of a county or municipality from engaging in normal activities of ...

As used in this article, the term: (1) 'American Indian' means an individual who is a member of a nation, tribe, band, group, or community ...

(a) Any museum having possession or control over holdings or collections of American Indian human remains or burial objects shall compile an inventory of such items and, to ...

(a) Upon the request of a known lineal descendant of the particular American Indian or, if a cultural affiliation is established between a particular American Indian tribe and ...

The council shall monitor and review the implementation of inventory and identification process and repatriation activities required under Code Sections 44-12-261 and 44-12-262 to ensure a fair, objective ...

(a) Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the ...

(a) As used in this Code section, the term: (1) 'Anthropologist' means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience ...

Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties for each ...

Annually, the councilmembers shall elect a chairperson for a term of one year. The council shall meet as frequently as needed to perform its duties, upon the call ...

The council shall have the following powers and duties: (1) To serve as a resource for the notification of relatives under paragraph (4) of Code ...

44-12-283.2 ...

The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as ...

The council shall make an annual report of its activities to the Governor. ...

(a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities: (1) The Georgia Tribe of ...

As used in this article, the term: (1) 'Customer' means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise ...

(a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession ...

(a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them ...

(a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered ...

In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions ...

Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any ...

As used in this article, the term 'dependent' means a person whom the debtor may claim as a dependent for income tax purposes pursuant to Code Section 48-7-26. ...

Should a debtor refuse to apply for an exemption under this article, the debtor´s spouse, any person acting on behalf of the minor children of the debtor, or ...

It shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which amount is less than the whole amount ...

(a) Each person seeking the benefit of the exemptions provided in this article shall apply by petition to the judge of the probate court of the county in ...

Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application tracts of land located ...

It shall be the duty of any person who shall claim the benefit of the exemption allowed in this article to act in perfect good faith. As it ...

When the schedule has been filed and the application has been made, the judge of the probate court, in order that all persons may know when action will ...

In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in writing of the filing ...

The time fixed by the notice given pursuant to Code Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than 30 days from the date ...

(a) The surveyor to whom the applicant delivers the order pursuant to subsection (d) of Code Section 44-13-4 shall lay off the exempted real property on or out ...

If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court ...

Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind or to dispute the ...

Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both as to remove the ...

(a) If an applicant seeks to have an exemption set apart out of real property located in town which exceeds in value the amount of the exemption which ...

When any person applies for an exemption of personalty and the personalty sought to be exempted consists of cash in whole or in part, before the cash shall ...

(a) Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of the property must be ...

Whenever any property has been set apart for the debtor´s minor children or dependents and they desire the same to be sold for reinvestment but the debtor fails ...

All produce, rents, or profits arising from property in this state which is exempted under this article shall be for the support of those persons allowed such exemption ...

Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such judge the cost of ...

Property set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor children, for minor children alone, or for dependents of a debtor (1) ...

Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this article from claiming the ...

Any debtor may, except as to wearing apparel and $300.00 worth of household and kitchen furniture and provisions, waive or renounce his right to the benefit of the ...

In case of a waiver and the levy of an execution, the debtor may select and set apart $300.00 worth of household and kitchen furniture and provisions as ...

Every debtor seeking the benefit of Code Section 44-13-41 shall make out a schedule of the debtor´s household and kitchen furniture and provisions which shall set out the ...

A person eligible under Code Section 44-13-2 to claim a debtor´s exemption as a spouse or dependent of the debtor may not, during the time the debtor´s exemption ...

(a) When an exemption under this article of realty and personalty or either has been applied for and set apart out of the property of a defendant in ...

At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as ...

When the finding upon the trial provided for in Code Section 44-13-61 is in favor of the plaintiff in execution, it shall be the duty of the levying ...

Except as provided in Code Section 44-13-60, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed ...

Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the ...

Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person ...

When a receiver is appointed as provided in Code Section 44-13-80, he shall proceed to advertise the real estate once a week for four weeks in the public ...

Personal property shall be disposed of in the manner provided in Code Section 44-13-82, except that the receiver shall advertise the same in three of the most public ...

Nothing in this part shall be construed to authorize the appointment of more than one receiver. ...

If no creditors appear and file their claims before the day set apart for the sale of the property, the sale shall not take place; and the property ...

When a receiver is appointed under Code Section 44-13-80, good bond and security shall be required of him by the judge of the probate court for the performance ...

The applicant for exemption from levy and sale of property under this article shall be permitted to select the property to be exempted but not to exceed the ...

(a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, ...

Every debtor seeking the benefit of Code Section 44-13-100 or, if he refuses, his wife or any person acting as her next friend shall make out a schedule ...

Upon an application by a debtor, it shall be the duty of the county surveyor or any other surveyor if there shall be no county surveyor to lay ...

Should any creditor, for any cause, desire to dispute the propriety of the survey or the value of the improvements, he may make application to the judge of ...

If the debtor in value owns real property in town which exceeds the sum of $500.00 and it cannot be so divided as to give that amount to ...

If, from any cause, the exempt land has not been laid off when the remainder of the land is offered for sale, the purchaser shall buy subject to ...

The property exempt under this article shall be for the use and benefit of the family of the debtor from whose estate the property has been exempted and ...

Property exempted from levy and sale as provided for in this article shall not be exempt from levy and sale for the purchase money or for the state ...

Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as ...

As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, ...

(a) As used in this Code section, the term 'original party' means, without limitation, any bank, trust company, or other corporation into which the grantee of any real ...

(a) Whether or not it contains clauses providing therefor, a real estate mortgage or deed conveying realty as security for a debt shall secure advances made: ...

(a) As used in this Code section, the term: (1) 'Account' means the loan, note, or other such agreement executed by the parties. ...

Any mortgagor who has paid off his mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the ...

(a) As used in this Code section, the term: (1) 'Borrower' means a person who has secured an indebtedness with a security interest in real ...

After having made a mortgage deed to personal property or a bill of sale to secure debt, any person who sells or otherwise disposes of the property or ...

After having given a bill of sale to secure debt or other security instrument to any motor vehicle, it shall be unlawful for any person to sell or ...

Any mortgagor, any giver of a purchase money lien, a lien for rent, or any lien created by contract between the parties, or the holder or possessor of ...

Any person who intentionally aids or abets in any violation of Code Section 44-14-8 shall be guilty of a misdemeanor as principal in the county where he aided ...

When any person who violates Code Section 44-14-8, 44-14-9, or 44-14-11 has no permanent place of abode in this state, search may be made in any county into ...

When a search has been made in any of the cases provided by Code Sections 44-14-8 through 44-14-10 by the levying officer for the purpose of levying the ...

Any person who defrauds another in the sale or disposition of any property, either real or personal, by falsely representing that the property is not subject to any ...

(a) As used in this Code section, the term: (1) 'Borrower' means the maker of the promissory note evidencing the loan to be delivered at ...

A mortgage in this state is only security for a debt and passes no title. ...

No particular form is necessary to constitute a mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the debt for which it ...

A deed or bill of sale which is absolute on its face and which is accompanied with possession of the property shall not be proved, at the instance ...

In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of ...

When executed outside this state, mortgages may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale. ...

Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the payment of money or ...

A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at ...

(a) A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to real property made by a ...

The effect of a failure to record a mortgage shall be the same as the effect of a failure to record a deed of bargain and sale. ...

When duly executed and recorded, mortgages shall be admitted into evidence under the same rules as recorded deeds. ...

A mortgage which is recorded in an improper office or without due attestation or probate or which is so defectively recorded as not to give notice to a ...

All the rules prescribed for the probate of deeds to land when the witnesses are dead, insane, or removed from the state and all the rules prescribed for ...

There shall be no tacking of mortgages. ...

Mortgages may be taken by sureties and guarantors to indemnify them against loss. ...

If the possession of real property shall be given to the mortgagee, the mortgagor may redeem at any time within ten years from the last recognition by the ...

The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage or other security unless ...

Subject to the lien of the mortgage, mortgaged property may be sold under other process. If the mortgage is foreclosed, the mortgagee may place his execution in the ...

Purchasers at public sales of personal property subject to the lien of a mortgage shall give bond and security in double the value of the property to the ...

If other writs of fieri facias are levied on mortgaged property and the property is sold, the mortgage fi. fa. may nevertheless claim the proceeds of the sale ...

If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias by consent of the ...

If there are several mortgages of equal rank or if separate amounts due to distinct persons are embraced in the same mortgage and one mortgagee forecloses, the court ...

The holder of any mortgage of real or personal property or both, whether as original mortgagee or as executor, administrator, or assignee of the original mortgagee, may foreclose ...

Whenever any person in this state conveys any real property by deed to secure any debt to any person loaning or advancing the grantor any money or to ...

In order to admit deeds to secure debt or bills of sale to record, they shall be attested or proved in the manner prescribed by law for mortgages. ...

When executed out of state, deeds to secure debt and bills of sale may be attested, acknowledged, or probated in the same manner as deeds of bargain and ...

(a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded ...

(a) All transfers of deeds to secure debt shall be in writing; shall be signed by the grantee or, if the deed has been previously transferred, by the ...

The grantor´s right to a reconveyance of the property upon complying with the contract shall not be affected by any liens, encumbrances, or rights which would otherwise attach ...

(a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on ...

(a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or the grantor´s heirs, personal representatives, successors, and assigns as follows: ...

Powers of sale in the conveyances of real property to secure debt shall not be exercised after an action to foreclose the instrument is barred. A sale or ...

No action shall be brought to recover property under a conveyance of real property to secure debt when an action to foreclose and the exercise of power of ...

No action to foreclose and no action to recover property under a conveyance of real property to secure debt shall be commenced and no power contained in or ...

This part shall not apply in those cases where the grantor or his successors in possession have surrendered possession of the property described in the deed to secure ...

(a) The acceleration of the maturity of an indebtedness which is evidenced by a note or otherwise and secured by a deed to secure debt conveying real property ...

(a) The planting, growing, cultivating, harvesting, and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of this state as ...

All matured or unmatured crops are declared to be personalty. ...

Whenever any person has conveyed real property in this state by a deed to a trustee to secure the payment of a note or notes, bonds, or other ...

When an order for the payment of the sums demanded in the petition has been granted and published or served as provided in Code Section 44-14-120, the maker ...

When the maker of the deed is dead, the proceedings to enforce the deed may be instituted against his executor or administrator. ...

When proceedings to enforce a deed of trust are instituted and a defense is set up thereto as provided in Code Section 44-14-121, the issues thus raised shall ...

When the maker of the deed, after being directed so to do, fails to pay the sums demanded in the petition together with interest and costs as required ...

The money arising from the sale of the property shall be paid to the trustee unless claimed by some other lien which by law may have priority over ...

If the deed is given to secure debts due by installments and is enforced before any one of the installments falls due and there is a surplus of ...

The notice given to third persons by the filing for record of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument ...

The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section 44-14-140 may in all respects, including the preservation of ...

The clerk of the superior court shall file the affidavit required by Code Section 44-14-141, reindex the instrument mentioned in the affidavit, and enter on the margin of ...

The notice given by the filing of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining ...

This article shall not apply to any mortgage, bill of sale to secure debt, retention of title contract, deed of trust, or other security instrument creating a lien ...

When the holder of a deed to secure debt or a mortgage forecloses the same and sells the real property thereby secured under the laws of this state ...

(a) When any real estate is sold on foreclosure, without legal process, and under powers contained in security deeds, mortgages, or other lien contracts and at the sale ...

No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the ...

As used in Code Sections 44-14-162.2 through 44-14-162.4, the term 'debtor' means the grantor of the mortgage, security deed, or other lien contract. In the event the property ...

(a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor ...

(a) The notice requirement of Code Section 44-14-162.2 shall apply only to the exercise of a power of sale of property all or part of which is to ...

All deeds under power shall contain recitals setting forth the giving of notice in compliance with Code Section 44-14-162.2 or a statement of the facts which render the ...

When a judgment is rendered upon any obligation secured by a deed to secure debt, a bond for title to realty, or a bill of sale to personalty ...

Whenever a judgment is so vacated and set aside, the clerk of the court in which it was rendered shall mark the fi. fa. issued on the judgment ...

When a judgment is vacated and set aside as provided by Code Sections 44-14-163 and 44-14-164, the obligation upon which the judgment was rendered, as well as the ...

Mortgages on real estate may be foreclosed in the following manner: (1) Any person who applies and who is entitled to foreclose the mortgage shall, ...

If the person entitled to foreclose a mortgage on real estate is dead, the application and proceeding to foreclose may be made and prosecuted by his executor or ...

An endorsement to order or in blank by the payee of a mortgage note gives the endorsee or the holder for value the right to foreclose the mortgage ...

When the mortgagor is dead, the proceedings to foreclose the mortgage on real estate may be instituted against his executor or administrator. ...

When a rule nisi to foreclose a mortgage on real estate has been granted and published or served as required in Code Section 44-14-180, the mortgagor or his ...

If the mortgagor or his special agent or attorney fails to set up a defense as provided in Code Section 44-14-184, it shall not be competent for any ...

When proceedings to foreclose a mortgage shall be instituted and a defense shall be set up thereto, the issue shall be submitted to and tried by a jury. ...

When the mortgagor, after being directed so to do, fails to pay the principal, interest, and costs as required by Code Section 44-14-230 and fails to set up ...

After proceedings to foreclose the mortgage have been begun, a purchaser from the mortgagor shall be bound by the judgment of foreclosure. ...

A purchaser at a void or irregular judicial sale under the foreclosure of a mortgage shall succeed to all of the interests of the mortgagee. ...

The money arising from the sale of mortgaged property sold under the regulations prescribed in this part shall be paid to the person foreclosing the mortgage unless claimed ...

If the mortgage is given to secure a debt due by installments and is foreclosed before any one of the installments falls due and there is a surplus ...

(a) In cases where a contract to purchase or a bond for title has been made, where purchase money has been partly paid, or where a deed to ...

In all cases where a deed to land has been executed to secure a debt or the performance of an obligation and the grantor therein is or becomes ...

(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the 'Uniform Commercial Code,' and wishing to ...

Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, ...

(a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the clerk shall grant and issue a summons as prescribed in ...

(a) If the defendant fails to answer on or before the date provided in subsection (b) of Code Section 44-14-232, the defendant may reopen the default as a ...

In any foreclosure action, the defendant shall comply with the following provisions: (1) Where the issue of the right of possession cannot be finally determined ...

Any judgment by the court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5 or any other applicable law. If the judgment of ...

Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by ...

In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an ...

If a mortgage on personalty is given to secure several debts falling due at different times, the mortgagee may foreclose when the first debt becomes due; and the ...

Whenever a process of attachment may be legally brought against any person upon any debt or demand secured by a mortgage on personal property, or whenever the purchaser ...

All subsequent proceedings respecting the levy and sale of the mortgaged property shall be conducted in the manner prescribed by law; and the money realized from the sale ...

After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail himself of any defense ...

As used in this subpart, the term: (1) 'Commercial transaction' means a transaction which gives rise to an obligation to pay for goods sold or ...

Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the ...

The petitioner seeking an immediate writ of possession shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, ...

The petition for an immediate writ of possession shall be accompanied by a waiver, as defined in Code Section 44-14-260, or the petitioner shall furnish a bond in ...

The court before which the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with Code Sections 44-14-261 through 44-14-263. ...

When an immediate writ of possession has been granted, a copy of the petition, the affidavits, the waiver or bond, and the order shall be served in any ...

Upon the granting of a writ of immediate possession, the action shall proceed in the manner provided under Code Section 44-14-236. ...

At any time prior to the sale or other final disposition of the property by the levying officer or petitioner as provided for under Code Section 44-14-236 but ...

(a) At any time within which the defendant may file defenses as provided for under Code Section 44-14-267, the defendant may: (1) Move for a ...

Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267, if the service on the defendant was made in such ...

The owner of any bill of sale or written contract retaining title to personal property to secure a debt may foreclose the contractor bill of sale in the ...

In the event any bill of sale is foreclosed as provided in Code Section 44-14-280, the proceedings after foreclosure shall be the same as the proceedings to foreclose ...

When any judgment has been or shall be rendered in any court of this state upon any note or other evidence of debt given for the purchase money ...

Any person having a mortgage on personal property to secure a debt not exceeding $100.00 in principal and desiring to foreclose the mortgage may, by himself, his agent, ...

It shall be the duty of the magistrate with whom the affidavit and the mortgage are filed to give notice to the mortgagor of the proceedings at the ...

When the execution provided for by Code Section 44-14-300 is delivered to a constable, he shall levy on the property wherever it may be found; and, after advertising ...

The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in ...

(a) The following liens are established in this state: (1) Liens for taxes in favor of the state, the counties, and the municipal corporations; ...

The judgment upon any evidence of debt given for the purchase money of land, where titles have not been made but bond for titles has been given, shall ...

The vendor´s equitable lien for the purchase money of lands is abolished. ...

All liens which are not regulated and fixed as to rank by this title shall rank according to date, the oldest having priority. ...

Except as otherwise provided by law, assignments of all liens shall be in writing. Under an assignment, the assignee shall have all the rights of the assignor as ...

All transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness which are secured either by contract lien or out of which a lien ...

Upon all such transfers or assignments of any rent note, mortgage note, or other evidence of indebtedness mentioned in Code Section 44-14-325, the transfer or assignment shall carry, ...

Landlords furnishing supplies, money, horses, mules, asses, oxen, farming utensils, and equipment necessary to make crops shall have the right to secure themselves from the crops raised during ...

Landlords shall have a special lien for rent on crops grown on land rented from them, which lien shall be superior to all other liens except liens for ...

The general liens of landlords shall be inferior to liens for taxes and to the general and special liens of laborers but shall rank with other liens and ...

A landlord´s special lien for rent shall be enforced by a distress warrant in the same manner as general liens for rent are enforced; and no further allegations ...

Whenever any written contract for rent is transferred by the landlord by written assignment before the maturity of the crops on the lands rented, the special lien in ...

The special lien provided for in Code Section 44-14-344 may be foreclosed by the transferee in his own name. The affidavit of foreclosure shall contain a recital of ...

A person who has given a lien under Code Section 44-14-340 or any other lien shall, when giving a new lien under the Code section on the same ...

Any person who buys any corn or any cotton in the seed from tenants or laborers residing on the land of another as such or from the agent ...

Any person who sells or otherwise disposes of crops upon which there is a lien for rent and advances, before the payment of the rent and advances, without ...

As used in this part, the term: (1) 'Contractor' means a contractor having privity of contract with the owner of the real estate. ...

(a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: ...

(a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with ...

(a) The special lien specified in subsection (a) of Code Section 44-14-361 shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money ...

(a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361 may at such ...

(a) A preliminary notice of lien rights filed pursuant to Code Section 44-14-361.3 shall be dissolved if it is canceled and a preliminary notice also expires and is ...

(a) To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to ...

(a) Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a ...

(a) All mechanics of every sort shall have a special lien on personal property for work done and material furnished in manufacturing or repairing the personal property and ...

(a) When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the ...

If services are performed or furnished with respect to any real estate by any registered architect, registered forester, registered land surveyor, or registered professional engineer who is a ...

(a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported ...

(a) In the event no notice is filed with the clerk of the superior court as is required by paragraph (3) of subsection (a) of Code Section 44-14-361.1 ...

Laborers shall have a general lien upon the property of their employers which is liable to levy and sale for their labor, which lien is superior to all ...

Laborers shall also have a special lien on the products of their labor, which lien shall be superior to all other liens except liens for taxes and special ...

Liens of laborers shall arise upon the completion of the contract of labor but shall not exist against bona fide purchasers without notice until they have been reduced ...

Pawnbrokers, factors, bailees, and acceptors shall have such liens as are designated in this part and in Part 5 of Article 3 of Chapter 12 of this title. ...

Depositories shall have such liens as are prescribed in this part and in Part 5 of Article 3 of Chapter 12 of this title and shall, as to ...

Depositories for hire shall have a lien for their hire and may retain possession until it is paid. ...

(a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to ...

A factor´s lien extends to all balances on general account and attaches to the proceeds of the sale of goods consigned as well as to the goods themselves. ...

Liens of factors and acceptors shall be satisfied by such sale as the usage of the locality where the factors and acceptors reside has established or may establish. ...

Livery stable keepers shall have a lien for their charges on the stock placed in their care for keeping, which lien shall be superior to other liens except ...

(a) In addition to the method provided in Code Section 44-14-406, every livery stable keeper may assert the lien on stock placed in his care for keeping by ...

Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Sections 44-14-403 and 44-14-550, respectively. ...

The bailee for hire of labor and service shall have a special lien for his labor and services upon the thing bailed until he parts with possession; and, ...

Except as provided in Code Section 44-14-411.1, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring ...

Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable ...

(a) Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall ...

The proceeds of any sale made under Code Sections 44-14-410, 44-14-411, and 44-14-411.1 shall be applied to the payment of any expense incurred in caring for the property ...

In order to enforce his lien for materials furnished and work done, any jeweler or any other person, firm, or corporation engaged in the business of repairing watches, ...

Before any sale is made as provided in Code Section 44-14-430, the person, firm, or corporation making the sale shall give 30 days´ notice thereof by posting a ...

All sales made under this part shall be made at public auction before the courthouse door of the county where the person, firm, or corporation making the sale ...

The proceeds of any sale made under this part shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation ...

Any jeweler or other person, firm, or corporation desiring to avail himself of the provisions of this part shall display a sign in his place of business notifying ...

All persons, firms, or corporations engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles ...

Any persons, firms, or corporations shall have the right to retain possession of the articles laundered, cleaned, tailored, altered, repaired, or dyed by them until their charges have ...

A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the ...

(a) In order to satisfy the lien of the person, firm, or corporation performing the service, whenever any clothing, goods, wearing apparel, shoes, carpets, rugs, or other such ...

Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days´ notice ...

The proceeds of any sale made under subsection (a) of Code Section 44-14-453 shall be applied first to the payment of the lien for services rendered by the ...

The method of satisfaction of the liens referred to in this part shall be cumulative of any other remedies provided by law for the foreclosure or satisfaction of ...

All persons, firms, or corporations engaged in the business of servicing or repairing bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, ...

Any persons, firms, or corporations shall have the right to retain possession of the equipment repaired by them until their charges have been paid; but, if any equipment ...

A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the ...

In order to satisfy the lien of the person, firm, or corporation performing the service or repair, whenever any bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, ...

Before any sale shall be made as provided in Code Section 44-14-463, the person, firm, or corporation making the sale shall give ten days´ notice thereof by certified ...

The proceeds of any sale made under this part shall be applied first to the payment of the lien for services or repairs rendered by the person, firm, ...

The method of satisfaction of the liens referred to in this part shall be cumulative of any other remedies provided by law for the foreclosure or satisfaction of ...

(a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term: (1) 'Hospital' means any ...

(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care ...

The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of ...

(a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or ...

This part shall not apply to any moneys becoming due under Chapter 9 of Title 34. ...

No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, physician practice, or facility which provides traumatic ...

This part shall not be construed to give any hospital, nursing home, physician practice, or provider of traumatic burn care medical practice referred to in this part an ...

Any person who gives any false affidavit as provided by Code Section 44-14-473 commits the offense of false swearing. ...

(a) Every licensed veterinarian shall have a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody ...

(a)(1) If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the ...

When any animal or pet is sold as authorized in this part to satisfy a lien for any of the services enumerated in Code Section 44-14-490, any surplus ...

Other than compliance with the requirements of this part, no legal proceedings shall be necessary for the enforcement of the lien created by this part. ...

It shall not constitute a violation of Code Section 16-12-4 if a licensed veterinarian or an operator of a facility for boarding animals or pets disposes of an ...

Every officer and employee or guardian of any employee on any watercraft engaged in the navigation of any river within the borders or forming the boundary of this ...

The owner or keeper of any stallion, jack, or blooded or imported bull or boar shall have a lien upon the offspring thereof for the service of the ...

Any person hauling stocks, logs, or lumber for another person shall have a lien against the personalty so hauled by him to the extent of the amount of ...

Proprietors of planing mills and other similar establishments shall have the same lien as provided in Code Section 44-14-363 for work done on material furnished by others; and, ...

Laborers in mills and other establishments mentioned in Code Section 44-14-513 shall have the same lien as is provided for laborers in Code Sections 44-14-380 and 44-14-381. ...

All persons furnishing sawmills with timber, logs, provisions, or any other thing necessary to carry on the work of sawmills shall have liens on the mills and their ...

(a) For the purposes of this Code section, the term 'bad check' means a check drawn for payment of money on any bank or other depository in exchange ...

Pursuant to the authority granted to states by Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, ...

Any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for any ...

(a) Liens on real property which are provided for in this chapter, other than mortgages, shall be foreclosed, when not otherwise provided for, by a compliance with his ...

Upon the simple transfer or assignment of any rent note, mortgage note, or other such evidence of debt as mentioned in Code Sections 44-14-325 and 44-14-326, the person ...

Liens on personal property, other than mortgages, when not otherwise provided for, shall be foreclosed in accordance with the following provisions: (1) There shall be ...

In all foreclosure of liens on personalty in which the property levied on is replevied and in which verdicts are found for the plaintiffs, the plaintiffs shall be ...

It is the purpose of this part to conform to Section 6323 of the United States Internal Revenue Code as amended by Public Law 89-719, entitled the Federal ...

(a) Notices of liens upon real property for taxes payable to the United States and certificates and all notices affecting such liens, including certificates of redemption, shall be ...

Certification by the secretary of the treasury of the United States or his delegate of notices of liens, certificates, or other notices affecting tax liens entitles them to ...

The clerk of superior court shall file, index, and record in the general execution docket or lien book of his or her office a notice of a federal ...

The fee for filing and indexing each notice of a lien or certificate or notice affecting a tax lien shall be as provided in subsection (f) of Code ...

A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Reform Act of 1978, P.L. 95-598, codified at 11 U.S.C. Section 101, et ...

Unless a certified copy of the petition, with schedules omitted, decree, or order has been recorded in any county wherein the bankrupt owns or has an interest in ...

This part shall be known and may be cited as the 'Commercial Real Estate Broker Lien Act.' ...

As used in this part, the term: (1) 'Broker' means a broker as defined in paragraph (2) of Code Section 43-40-1. (2) 'Client' ...

(a) Any real estate broker who is not an employee or independent contractor of another real estate broker shall have a lien, in the amount of the compensation ...

Prior recorded liens and liens for ad valorem taxes shall have priority over a broker´s lien. ...

Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing ...

(a) Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms ...

No action, whether seeking legal or equitable relief or both, as to real property in this state shall operate as a lis pendens as to any such real ...

The clerks of the superior courts of this state shall keep a lis pendens docket in which they shall record all notices of lis pendens on real property ...

Upon the dismissal of any action by the plaintiff or plaintiffs or when a settlement or final judgment is entered therein, such dismissal, settlement, or final judgment shall ...

(a) This article shall in no way affect or alter the laws of this state with respect to personal property. (b) This article shall in ...

This chapter shall be known and may be cited as the 'Uniform Management of Institutional Funds Act.' ...

As used in this chapter, the term: (1) 'Endowment fund' means an institutional fund, or any part thereof, not wholly expendable by the institution on ...

The governing board may accumulate so much of the annual net income of an institutional fund as is prudent under the standard established by Code Section 44-15-7 and ...

Code Section 44-15-3 does not apply if and to the extent that the applicable gift instrument indicates the donor´s intention that income of an institutional fund shall not ...

In addition to any investment otherwise authorized by law or by the applicable gift instrument, and without restriction to investments a fiduciary may make, the governing board, subject ...

Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may: (1) Delegate to ...

In the administration of the powers to accumulate income, to appropriate appreciation, to make and retain investments, and to delegate investment management of institutional funds, members of a ...

(a) With the written consent of the donor, the governing board may release, in whole or in part, a restriction imposed by the applicable gift instrument on the ...

This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among ...