Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-5-159.2 Role of medical examiner
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(a) Upon specific request of a procurement organization, and in accordance with the procedures set forth under the agreement established pursuant to subsection (e) of this Code section, a medical examiner shall release to the procurement organization the name, contact information…
O.C.G.A. § 44-5-159.3 Application
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This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (Code 1981, § 44-5-159.3, enacted by Ga. L. 2008, p. 503, § 1/SB 405.) 44-5-159.4. Construction with federal law.
O.C.G.A. § 44-5-159.4 Amending, or revoking an anatomical gift
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Refusal to make an anatomical gift. Role and authority of people other than donor. Classes of persons available to make donations; priority. Signed writing or oral communication required for gift of document. Recipients of anatomical gifts of procurement organizations. Search and…
O.C.G.A. § 44-5-160 Notice
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Instruments creating lien. Effect on prescription, §44-5-176. Possession of land as notice, §44-5-169. Permissive possession. Effect, §44-5-161. Personal property, §44-5-177. Possession as foundation of prescriptive title. Requirements, §44-5-161. 905 INDEX ADVERSE POSSESSION —Co…
O.C.G.A. § 44-5-161 Georgia Power Co
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v. Irvin, 267 Ga. 760, 482 S.E.2d 362 (1997). Quitclaim deed held not impediment to adverse possession. — Quitclaim deed to the disputed property, executed 40 years earlier by plaintiff ’s decedent in favor of plaintiff ’s predecessor in title, was no impediment to decedent’s adv…
O.C.G.A. § 44-5-162 CONSTRUCTIVE NOTICE
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Prescription. Effect on prescription of notice of instruments, §44-5-166. Recording of deeds and bills of sale to personalty, §44-2-10. CONSTRUCTIVE POSSESSION. Lands, §44-5-166. Personalty, §44-1-7. Under deed, §44-5-167. CONSULS. Recording instruments executed out of state, §44…
O.C.G.A. § 44-5-163 When adverse possession for 20 years confers title
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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 against everyone except the state and those persons laboring under the disabilities stated in Code Section 44…
O.C.G.A. § 44-5-164 When adverse possession for seven years confers title
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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 by prescription to the property against everyone except the state and those persons laboring under the dis…
O.C.G.A. § 44-5-165 How actual possession of lands evidenced
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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 every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vest…
O.C.G.A. § 44-5-166 Excavations
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Up to boundary line, §44-9-3. Lateral support from adjoining land, §44-9-3. Excavations up to boundary line, §44-9-3. Navigable streams.
O.C.G.A. § 44-5-167 Extent of constructive possession under deed; judicial notice
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Possession under a duly recorded deed shall be construed to extend to all the contiguous property embraced in such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference …
O.C.G.A. § 44-5-168 Larkin v
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Laster, 254 Ga. 716, 334 S.E.2d 158 (1985). Mineral owner must show work or payment of ad valorem taxes. — To retain one’s interest in the mineral rights, the owner 563 must attempt to work or work the mineral rights or return the property for and pay ad valorem taxes. Dubbers-Al…
O.C.G.A. § 44-5-169 Permissive possession
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Adverse possession. Effect, §44-5-161. Personal property. Adverse possession, §44-5-177. Petitions. Adverse possession of mineral rights. Procedure to obtain title, §44-5-168. Possession as foundation of prescriptive title. Requirements, §44-5-161. Presumptions. Possession by hus…
O.C.G.A. § 44-5-170 Effect of disabilities on commencement of prescription
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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 illness or retardation lasts, or a person imprisoned during his imprisonment. After any such disability is removed, …
O.C.G.A. § 44-5-171 Easements
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Private ways. Service of petitions on persons non compos mentis, §44-9-41. Estates granted upon conditions. Effect of legal disabilities on conditions. Non compos mentis to excuse person from failing to comply with conditions, §44-6-44. Land registration. Actions against assuranc…
O.C.G.A. § 44-5-172 Tacking of successive possessions
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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. (Orig. Code 1863, § 2648; Code 1868, § 2647; Code 1873, § 2689; Code 1882, § 2689; Civil Code 1895, § 3598; Civi…
O.C.G.A. § 44-5-173 Involuntary dismissal
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Prescriptive rights, §44-5-173. Land registration. Dismissal without prejudice, §44-2-78. Lis pendens notice. Indicated on face of lis pendens record, §44-14-612. Prescription against action involuntarily or voluntarily dismissed, §44-5-173. Voluntary dismissal. Prescriptive righ…
O.C.G.A. § 44-5-174 Tacking of prior possession originating in fraud
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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 possession originated through fraud against the true owner. (Civil Code 1895, § 3596; Civil Code 1910, § 4176; Code 1933, § 85…
O.C.G.A. § 44-5-175 Prescription involving incorporeal rights
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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 by prescription. (Civil Code 1895, § 3590; Civil Code 1910, § 4170; Code 1933, § 85-409.) History of Code section. — This Code section …
O.C.G.A. § 44-5-176 Effect on prescription of notice of instrument creating a lien
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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 creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or…
O.C.G.A. § 44-5-177 Adverse possession of personal property
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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 arises if the property is concealed, is removed from the state, or is otherwise not subject to r…
O.C.G.A. § 44-5-2 Residence of grantee
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Correctable error in grant, §44-5-4. Setting aside grants. Grounds, §44-5-11. Substantial compliance with form held sufficient, §44-5-3. Superior courts. Correction of errors in grants. Trial in superior court, §44-5-7. Setting aside grants, §44-5-11. Title to lands originates in…
O.C.G.A. § 44-5-210 Deceiving as to existence, §44-14-12
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Removal of encumbered property to hinder, delay or prevent levy, §§44-14-8 to 44-14-11. Aiding and abetting, §44-14-9. Defendant without permanent abode, §44-14-10. Generally, §44-14-8. Mortgages. Conveyances to secure debt. Settlement and disbursement by person other than the se…
O.C.G.A. § 44-5-211 Ejectment
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Setoff of value of improvements against mesne profits by adverse claimant. Molding of decree, §44-11-9. Land registration. Entry, §44-2-82. Form of book of decrees, §44-2-233. Form of decrees of title, §44-2-232. Freeing land from further registration. Decrees rendered on or after…
O.C.G.A. § 44-5-230 Dedication of lands to public use
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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 that accommodation of the public or private rights may be materially affected by interruption of the right to use such land, the owner may n…
O.C.G.A. § 44-5-3 Form of grants; substantial compliance
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The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient. (Orig. Code 1863, § 2323; Code 1868, § 2320; Code 1873, § 2351; Code 1882, § 2351; Civil Code 1895, § 3211; Civil Code 1910, § 3799; Code 1933, §…
O.C.G.A. § 44-5-30 Deeds of trust
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Enforcement of rights. Defense by maker, §44-14-121. 1063 INDEX MAKER —Cont’d Deeds of trust —Cont’d Enforcement of rights —Cont’d Rights of trustees and holders. Death of maker. Action against maker’s personal representative, §44-14-122. Fee simple estates. Intention of maker of…
O.C.G.A. § 44-5-31 Requisites of deed to personalty; necessity for deed
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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. However, generally a deed is not necessary to convey title to personalty. (Orig. Code 1863, § 2655; Code 1868, §…
O.C.G.A. § 44-5-32 Requisites of instruments other than deeds
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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 instruments shall, except as between the parties thereto, be executed with 398 44-5-33 the same formality as is required for…
O.C.G.A. § 44-5-33 Form of deed
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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 the parties, no want of form will invalidate it. (Laws 1768, Cobb’s 1851 Digest, p. 163; Laws 1785, Cobb’s 1851 Digest, p. 1…
O.C.G.A. § 44-5-34 Conveyances to secure debt
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Vacation of judgments rendered upon obligation prior to sale. Invalidation of deed made for purpose of levy and sale, §44-14-164. 962 INDEX DEEDS —Cont’d Copies. Establishment of copy upon loss of original, §44-5-46. Effect, §44-5-46. Covenants. Binding effect on grantee acceptin…
O.C.G.A. § 44-5-35 Apportionment of price for deficiency in number of acres; rescission
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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 by the tract or the entire body, a deficiency in the quantity sold cannot be apportioned. If the sale is by a quantity of acres with the qualificat…
O.C.G.A. § 44-5-36 Purchaser’s remedies for loss of land due to title defect
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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 rescission of the purchase contract or a reduction of the price. (Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, § …
O.C.G.A. § 44-5-38 Effect of recital in deed of receipt of purchase money
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Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary. (Orig. Code 1863, § 2657; Code 1868, § 2656; Code 1873, § 2698; Code 1882, § 2698; Civil Code 1895, § 3608; Civil Code 1910, § 4188; Code 1933, § 2…
O.C.G.A. § 44-5-39 Binding effect of covenants on grantee who accepts deed
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When a grantee accepts a deed, he is bound by the covenants contained therein even though the deed has not been signed by him. (Civil Code 1895, § 3600; Civil Code 1910, § 4180; Code 1933, § 29-102; Ga. L. 1967, p. 592, § 1.) 418 History of Code section. — This Code section is de…
O.C.G.A. § 44-5-4 Correctable errors in grants
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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 the location, character, or boundary of the land; or in any other matter or thing connected with the application for or issuing of the grant;…
O.C.G.A. § 44-5-40 Conveyance of future interests or estates
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Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordan…
O.C.G.A. § 44-5-41 Code Commission notes
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— Ga. L. 1972, p. 193, § 10, effective July 1, 1972, provided that the purpose of the Act was to reduce the age of legal majority from 21 years of age to 18 years of age so that all persons, upon reaching the age of 18, would have the rights, privileges, powers, duties, responsib…
O.C.G.A. § 44-5-42 Foreclosures
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Mortgages on real estate. Defenses by, §44-14-185. Landlord and tenant. Distress warrants. Claims by third person, §44-7-81. Mortgages. Foreclosure of mortgage on real estate. Defenses by, §44-14-185. Transfers to minors. Liability of third persons dealing with person purporting …
O.C.G.A. § 44-5-43 Effect of adverse possession on making of deed
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A deed to lands which is made while the lands are held adversely to the maker of the deed is not void. (Ga. L. 1859, p. 24, § 1; Code 1863, § 2654; Code 1868, § 2653; Code 1873, § 2695; Code 1882, § 2695; Civil Code 1895, § 3605; Civil Code 1910, § 4185; Code 1933, § 29-107.)
O.C.G.A. § 44-5-44 Evidence
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Actual possession, §44-5-165. Forgery. Possession for seven years confers title. Written title forged, §44-5-164. Four years possession. Personal property, §44-5-177. Fraud. Effect of fraud on prescription, §44-5-162. Possession for seven years confers title. Written title fraudu…
O.C.G.A. § 44-5-45 When ancient deed admissible without proof of execution
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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 of execution if possession of the property has been consistent with such deed. (Orig. Code 1863, § 2659; Code 18…
O.C.G.A. § 44-5-47 Liability of purchaser for costs of conveyance
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Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance. (Civil Code 1895, § 3528; Civil Code 1910, § 4108; Code 1933, § 29-115.) 434 History of Code section. — This Code section is derived from the decision in T.44, C.5, A.3 French, Ric…
O.C.G.A. § 44-5-48 Land registration
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Recording deeds conveying title to registered land, §44-2-160. Life estates. Creation of life estates, §44-6-82. Loss of original deed. Establishment of copy, §44-5-46. Making of deed. Effect of adverse possession, §44-5-43. Making second deed of conveyance. Fraudulently making, …
O.C.G.A. § 44-5-5 Order for correction, §44-5-5
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Original lost. Advertising prior to issuing corrected grant, §44-5-9. Refusal, §44-5-6. Trial in superior court, §44-5-7. Eminent domain. Right remains in state, §44-5-2. Errors in grants. Correction. Application to governor, §44-5-5. Correctable errors, §44-5-4. Effect of correc…
O.C.G.A. § 44-5-6 When correction refused
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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 bona fide claimants, the Governor shall refuse to make such correction and shall leave the parties to t…
O.C.G.A. § 44-5-60 Requisites of deed to lands; inquiry into consideration
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Requisites of deed to personalty; necessity for deed. Requisites of instruments other than deeds. Form of deed. Construction of inconsistent clauses in deed; ascertainment of intention of parties. Apportionment of price for deficiency in number of acres; rescission. Purchaser’s r…
O.C.G.A. § 44-5-61 Implied warranty of title
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In a sale of land there is no implied warranty of title. (Civil Code 1895, § 3613; Civil Code 1910, § 4193; Code 1933, § 29-302.) History of Code section. — This Code section is derived from the decisions in McDonald v. Beall, 55 Ga. 289 (1875) and McDonough & Co. v. Martin, 88 G…
O.C.G.A. § 44-5-62 QUITCLAIM DEEDS
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Bonds for title. Execution and recordation following judgment, §44-14-210. Conveyances to secure debt. Attachment against grantor in deed. Execution and recordation, §44-14-211. Execution and recordation following judgment, §44-14-210. R RACIAL MINORITIES. Covenants prohibiting u…
O.C.G.A. § 44-5-63 General warranty — Defects known to purchaser
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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 the time he takes the deed. (Civil Code 1895, § 3615; Civil Code 1910, § 4195; Code 1933, § 29-304.) History of Code section. — This Cod…