Title 44

The following is prescribed as the form of process to be attached to the petition: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA To the sheriffs of said state and their lawful deputies: The respondents and all other persons whom it may concern are required to show cause before…

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 following form: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) Civil action File …

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 of the judge, the clerk, the examiner, or any other person or official authorized by law to administer oaths, take acknowled…

The sheriff’s return should be made substantially in the following form and entered on or attached to the petition: STATE OF GEORGIA, COUNTY I have served copies of the within petition and process, or of the summons in substitute therefor, upon the following persons at the time a…

The clerk should also enter on the petition a certificate substantially in the following form: I certify that on the day of , , I mailed to each of the following persons a copy of the within petition and process to his post office address as disclosed by the record: and that adve…

A form reading substantially as follows should be used in appointing examiners: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) Civil action File no. ORDER , a competent attorney at law, of good standing in his profession and of at least three years’ expe…

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 court of his residence: ‘‘I, , do swear that I will faithfully, well, and truly perform the duties of examiner under the Land Regist…

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: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) ) Civil action File no. ORDER Application …

The following is suggested as the general form of the preliminary report of an examiner: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) ) Civil action File no. PRELIMINARY REPORT Application to register land having been duly considered, the undersigned, …

The following is suggested as the general form of the examiner’s final report: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) ) Civil action File no. FINAL REPORT Application to register land having been duly considered, the undersigned, as examiner, mak…

Decrees of title should be rendered in accordance with the following form: IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA In re petition of ) ) ) ) Civil action File no. DECREE OF TITLE The above entitled action coming on to be heard and it appearing to the court that process h…

(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: (1) It shall be of such size that each page may contain a full copy of the decree of title; (2) Only one decree should be entered on any page; …

(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 on the back with the words ‘‘Title Register’’ followed by the name of the county. For convenience, additional labels may be used …

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 on the certificate from which the transfer is made, except such as shall have been canceled. In trans…

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 in like manner as he may issue certified copies of any other public record in his office; but, whenever he does so, he shall plain…

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 title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy s…

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 the portion thereof involved or any other detail in connection with the transaction is too lengthy to be transcribed in ful…

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…