Title 44 — Title 44

Ga. L. 1894, p. 90, § 3; Civil Code 1895, § 2700; Civil Code 1910, § 3233; Code 1933, § 28-304. 18-2-44. Property to be conveyed generally; description of property; attachment of list of creditors of assignor. (a) All assignments referred to in Code Section 18-2-42 shall convey a…

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. Such record, being permissive and not compulsory, is not constructive or implied notice to anyone. This Code section shall not ap…

Reports. Exceptions to examiner’s report. Jury trials, §44-2-103. Final report, §44-2-102. Form, §44-2-231. Notice of examiner’s report, §44-2-103. Preliminary report, §44-2-101.

Proceedings brought by materialmen, mechanics, etc., §44-14-361.1. PARTITION, §§44-6-140 to 44-6-174. Condominiums. Common elements, §44-3-78. PARTITION —Cont’d Equitable partition, §§44-6-140 to 44-6-142. Circumstances rendering proceeding in equity suitable and just. When equit…

Compelling attendance, §44-2-103. Executors and administrators. Action by personal representative against heirs improperly appropriated land, §44-2-170. Cancellation of decedents’ certificates of title. Issuance of new certificate to personal representative, §44-2-130. Personal rep…

New trial upon issues submitted to jury, §44-2-103. Notice. Examiner’s report, §44-2-103. Hearing, §44-2-102. Oath, §44-2-100. Forms, §44-2-228. Petition for involuntary transfer. Referral to examiner, §44-2-173. Powers, §44-2-103. Preliminary report, §44-2-101. Form, §44-2-230. …

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 taken before him. The stenographer’s compensation, unless agreed on by the parties, shall be fixed by the judge and taxed as cost…

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 instrument and the certificate of record. The rerecording shall be as valid as the original recording and shall take effect…

Show cause hearing upon caveat objecting to entry, §44-2-134. Hindering, delaying or defrauding creditors. Entry of cancellations and transfers on register, §44-2-174. Index, §44-2-234. Judgment notation, §44-2-143. Form, §44-2-247. Obtaining, §44-2-135. Lengthy description. Reco…

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 be signed by the clerk and dated with the year, month, day, hour, and minute accurately stated. (Ga. L. 1917, p. 108, § 2…

Arising from improper execution, §44-2-123. Conclusive effect of registration. Entries, §44-2-122. Contempt. Cancellation of mortgage, lien, equity or lis pendens. Compelling holder to surrender for cancellation, §44-2-136. Compelling production of owner’s certificate for registra…

County governing authority to furnish clerk, §44-2-253. Filing papers relating to registered lands. Method, §44-2-253. Fraudulent acts by office of clerk personnel, §44-2-44. Liabilities, §44-2-122. New certificates of title. Duty to enter all entries and notations, §44-2-235. Per…

Grantor’s right to reconvey. Effect of liens against, §44-14-66. Limitation of actions. Acceleration of maturity of indebtedness. Withdrawal of foreclosure proceedings after. Effect on running of statute, §44-14-85. Lost, stolen or otherwise mislaid security deeds. Cancellation, …

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 notice to all persons from the time of such registration and shall operate in accordance with l…

Issuance of writ, §44-6-163. Personal property. Foreclosure of security interest on personal property. Order to turn over property to sheriff, §44-14-233. Private ways. Removal of obstructions, §44-9-59. Show cause orders, §44-9-43. 1089 INDEX OYSTERS AND CLAMS —Cont’d Riparian r…

Possession by husband with wife presumptively possession of husband, §44-5-169. Remainders and reversions. Marriage of widow. Validity of limitations over, §44-6-68. HVAC SYSTEMS. Condominiums. Insurance coverage required, §44-3-107. I IDENTIFICATION CARDS. Anatomical gifts. Meth…

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 the petition shall be published once a week for four successive weeks in the newspaper in which the sheriff’s …

When physical division of property inequitable. Sale of lands. Failure of commissioners to pay money into court, §44-6-168. CONTINGENT REMAINDERS. Distinguished from vested remainder, §44-6-61. Expansion of class. Jurisdiction of judge of superior court, §44-6-90. 943 INDEX CONTR…

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 made, the person desiring the notation shall, by himself, his agent, or his attorney, file, upon a …

Acknowledgment. Form, §44-2-224. 1042 INDEX LAND REGISTRATION —Cont’d Service of process —Cont’d Cancellation of mortgage, lien, equity or lis pendens. Petition for involuntary cancellation and rule nisi for refusal to authorize cancellation, §44-2-136. Conclusive effect of evide…

Registration of transactions affecting as notice, §44-2-128. Validity of transfers of title by last registered owner, §44-2-141. Venue. Hearing on petition to have title by descent declared, §44-2-131. Voluntary transactions. Registering of land held in trust or otherwise restric…

Deceiving as to existence, §44-14-12. Life estates. Removal of personalty beyond state by life tenant by fraud. Forfeiture of interest, §44-6-89. Mortgages. Wrongful sale or removal of mortgaged property. Property subject to mortgage deed to personal property, §44-14-6. FRAUD AND…

Reserved. Repealed by Ga. L. 1989, p. 563, § 1, effective April 3, 1989. Editor’s notes. — This Code section was based on Ga. L. 1917, p. 108, § 64; Code 1933, § 60-421. 44-2-140. Availability of prescription or adverse possession against registered land.

(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 attested or acknowledged as provided by law. However, nothing 64 44-2-14 in this Code section shall dispense with another…

Notice of instrument creating lien. Effect on prescription, §44-5-176. Mental illness. Effect of disabilities on commencement of prescription, §44-5-170. Intervening disability, §44-5-171. Removal of disabilities. Tacking prior possession to subsequent possession, §44-5-171. Mine…

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 court and upon proof of the facts, obtain an order directing the clerk to note the change of name upon the title register and upon th…

Judgments against assurance fund. Liability of other defendants to fund. Enforcement of lien of judgment, §44-2-195. Notation of lien or encumbrance on certificate of title, §44-2-126. Registered encumbrances, rights and adverse claims, §44-2-127. Notation on title register, §44-2…

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 by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the …

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 the deed by such officer, shall entitle it to be recorded. (Laws 1785, Cobb’s 1851 Digest, p. 164; Laws 1827,…

Declaration of title by descent upon petition, §44-2-131. Transfers of title by last registered owner. Validity, §44-2-141. Transfers to secure debt, §44-2-166. Form, §44-2-241. Portion or undivided interest, §44-2-243. Trust breached by registered owner.

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, cause separate certificates to be issued for the respective smaller tracts. The procedure in such cases shall be for the own…

Assignment or negotiation, §44-2-164. Cancellation.

Form, §44-2-249. Form, §44-2-242. Cancellation, §44-2-249. Indorsement form, §44-2-242. Notation of lengthy description on creditor’s certificate, §44-2-239. Sale by holder, §44-2-165. Notation and registration, §44-2-163. Sale by holder of creditor’s certificate, §44-2-165. Transf…

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 the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and…

Liens. Articles furnished to sawmills, §44-14-515. Depositories’ liens, §44-14-401.

Reserved. Repealed by Ga. L. 1989, p. 563, § 7, effective April 3, 1989. Editor’s notes. — This Code section was based on Ga. L. 1917, p. 108, § 42, and Code 1933, § 60-508. 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of h…

Notation on title register, §44-2-143. Proceedings to register generally, §§44-2-60 to 44-2-84. Transfers hindering, delaying or defrauding creditors, §44-2-174. Liens. Health care facility medical practice lien on action for care and treatment costs. Covenant not to bring action…

(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 registered land for the purposes of administration and it should properly go to the heirs at law of the decedent, such a…

Title by descent declared, §44-2-131. Highways in public use. Land held free from adverse claims not noted on certificate of title. Exception to highways in public use, §44-2-137. Hindering, delaying or defrauding creditors. Attack on transfers, §44-2-174. Decree voiding transfer,…

Action by personal representative against heirs for improperly appropriated land, §44-2-170. Cancellation of decedent’s certificate of title. Issuance of new certificate to personal representative, §44-2-130. LAND REGISTRATION —Cont’d Decedents’ estates —Cont’d Personal representat…

Subdivisions. Covenants running with the land. Renewal of certain covenants pertaining to subdivisions, §44-5-60. AFFIDAVITS —Cont’d Traumatic burn care medical practices. Lien on action accruing to injured person for care and treatment costs. Affidavit of payment. False swearing…

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 44-2-18, the affidavit of a third person testifying to the execution of the deed and to the genuineness of…

Defense of actions against fund, §44-2-193. Breach of trust of registered owner.

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 and condition that such moneys shall be set aside by the state treasurer in trust as a separate fund for the uses and p…

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 be invested by the state treasurer in state bonds or validated county or municipal bonds in tru…

Transfers to secure debt. Notation on bond, §44-2-166. Bonds to reconvey. Transfers to secure debt. Notation on bond, §44-2-166. Burdens of registered land. Subject to same burdens as unregistered land, §44-2-141. Cancellation of mortgage, lien, equity or lis pendens, §44-2-136. …

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 state treasurer shall be the sole defendant. If the action is brought to 140 44-2-196 recover for loss or damage arising on ac…

Obtaining, §44-2-135. Limitation of actions. Actions against assurance fund, §44-2-193. Tolling of limitations during disability, §44-2-193. Fraud or forgery in transaction or registration. Proceedings to attack or set aside, §44-2-137. Fraud or negligence arising out of acts of …

Registered owner’s breach of trust, §44-2-197. Limitation of actions.

Failure to perform duties, §44-2-122. Performance of clerk’s duties by deputies, §44-2-42. Sheriffs. Performance of sheriff’s duties by deputies, §44-2-42. 1047 INDEX LIABILITY —Cont’d Military affairs. Landlord and tenant. Military personnel receiving change of duty orders. Liab…