Title 44

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 office with reference thereto on the title register as provided in Code Section 44-2-238, like reference shall be made on the owner’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 ‘‘Owner’s Certificate of Title.’’ It is suggested that it be prepared on paper of suitable size which shall be folded into…

The following are prescribed as the regular forms of transfer, but other forms may be used in accordance with this article: TRANSFER OF WHOLE OF REGISTERED ESTATE In consideration of the undersigned, hereby transfers, sells, and conveys to his entire right, title, estate, and int…

(a) The following is a form of the creditor’s certificate referred to in this article: CREDITOR’S CERTIFICATE State of Georgia, County: Registered Title No. Certificate No. I hereby certify that the title to the estate hereinafter mentioned in the following described land lying i…

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 be in the same form as those prescribed in Code Sections 44-2-241 and 44-2-242 with the exception that the port…

(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 form unless the exigencies of the case require a different form: IN THE SUPERIOR COURT OF STATE OF GEORGIA COUNTY ) ) ) ) In re pe…

(a) The regular form of mortgaging shall be as follows: The undersigned to secure the following indebtedness mortgages to the estate, title, and interest of the undersigned in and to all of the tracts of land described in the certificate of title No. , herewith shown, registered …

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 following form: NOTATION OF DELINQUENT TAXES I certify that (state, county, or city, as the case may…

The regular form to be used for the notation of a judgment on the title register is as follows: NOTATION OF JUDGMENT To the clerk of the Superior Court, Please note on certificate of title No. , a judgment issued from Court of of v. for the amount of $ This County, Georgia: , Reg…

(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 other than those otherwise provided for in this part, is as follows: REQUEST FOR NOTATIONS OF SPECIAL RIGHT The undersi…

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 title register’’ and dating and signing the same in the presence of an officer authorized to attest deeds…

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 favor such matters exist or his personal representative of a request as follows: REQUEST TO CANCEL ENTRY To…

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 entries and notations of every kind which appear on the certificate of title which have not already been entered on the owner’s…

This article shall be known and may be cited as ‘‘The Land Registration Law.’’ (Ga. L. 1917, p. 108, § 1; Code 1933, § 60-101.)

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 includes his lawful deputies and any person lawfully acting as clerk under the general laws or under this article. (2) ‘‘Court’’ means the superior c…

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 forged or fraudulent document in the course of any proceedings with regard to registered lands or any interest th…

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 the court; (2) fraudulently registers any title; (3) fraudulently makes any notation or entry upon the t…

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 matter arising under this article or who fraudulently conspires with any person or persons to defraud …

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 registered under this article, as to any matter affecting the same, or as to any other matter referred to him under this article o…

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 court of the county in which the land is located shall have exclusive original jurisdiction of all petitions a…

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 land; and the decree of the court shall operate directly on the land and shall vest and establish title thereto …

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 have the power of appointing or disposing of an estate in fee simple in any land whether or not subject to liens, encum…

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 registration and transfer features provided in this article. (Ga. L. 1917, p. 108, § 6; Code 1933, § 60-204.)

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 case of a person under disability, by the person filing the petition. It shall contain a full description of the land, its va…

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 be included in the same proceeding. Any one tract may be established in several parts, each of which shall be clearly and accura…

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 whether such claim is vested or contingent and whether or not the claim is adverse to the petitioner; and the petition shall a…

(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 process directed to the sheriffs of this state and their lawful deputies requiring all of the defendants named in the petition an…

A nonresident petitioner shall appoint a resident agent or attorney upon whom process and notice may be served. (Ga. L. 1917, p. 108, § 7; Code 1933, § 60-210.)

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 notice, in order to affect the state, the county, or the municipality, shall be served: (1) In the case of the state…

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 service entered upon the petition or entitled in the cause and signed by such person in the presence of the judge 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 been made. After judgment, the entry of service by the sheriff or his deputy shall be conclusive eviden…

(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 one of his lawful deputies; and the sheriff or his lawful deputy shall, within 30 days from the date the petition is filed, post the…

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 notified and on all the world. Appearances or pleadings in the case shall constitute a waiver of process and service and of…

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 upon such persons in the same manner as other persons named as defendants in the petition are required to be served by this …

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 notice to that provided for in this article should be given to any particular person or persons or to the public generally,…

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, may require the land to be surveyed by some competent surveyor and may order durable bounds to be set and a plat thereof to be f…

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 prejudice on terms to be determined by the court. (Ga. L. 1917, p. 108, § 23; Code 1933, § 60-218.)

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 or claim against any such land shall at once appear as a petitioner or answer as a party defendant in the pleadings for re…

No decree shall be rendered by default and without the necessary facts being shown. (Ga. L. 1917, p. 108, § 21; Code 1933, § 60-221.)

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 title shall be found in the petitioner, the judge shall enter a decree to that effect ascertaining all limitations, li…

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 shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned b…

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. (Ga. L. 1917, p. 108, § 82; Code 1933, § 60-224.)

Referral of case to examiner; preliminary report; contents; time of filing; evidentiary effect. Hearing; final report; delay of hearing to add new parties; notice. Examiner’s powers; contents, filing, and notice of examiner’s report; right to jury trial, new trial, and appeal; re…

Health care facility medical practice liens, actions for care and treatment costs. Duties, §44-14-472. Mechanics’ and materialmen’s liens. Records of preliminary notice of lien rights. Duties, §44-14-361.3. Release of lien on real estate on approval of bond. Hold harmless provisi…

Duty of clerk to record certain transaction affecting real estate and personal property; priority or recorded instruments; effect of recording on rights between parties to instruments. Voluntary deeds or conveyances of land; effect of recording. Protection of good faith purchases…

Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates. Subdivision of registered land; procedure. Conveyance to secure debt; form; notation and registration; creditor’s certificate. Assignment or n…