Title 44 — Title 44

Release of lien on approval of bond. Real property and affidavit, §44-14-364. Special liens on personal property.

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 deed or conveyance; provided, however, that, if the voluntary deed or conveyance is recorded in accordance …

(a) Any party, or his or her legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated a…

This part shall be known and may be cited as the ‘‘Uniform Real Property Electronic Recording Act.’’ (Code 1981, § 44-2-35, enacted by Ga. L. 2009, p. 695, § 1/HB 127.) 44-2-36. Definitions.

As used in this part, the term: (1) ‘‘Authority’’ means the Georgia Superior Court Clerks’ Cooperative Authority established pursuant to Code Section 15-6-94. (2) ‘‘Document’’ means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or othe…

Definitions. Electronic documents treated as original; electronic signatures acceptable. 44-2-38. Role of clerk of court.

A clerk of superior court: (1) Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority; (2) May receive, index, store, archive, and transmit electronic documents; (3) May provide for access to, and sear…

(a) The authority shall adopt rules and regulations and any standardized forms necessary to implement this part. (b) To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in o…

In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact substantially similar provisions. (Code 1981, § 44-2-39.1, enacted by Ga. L. 2009, p. 695, § 1/HB 127.) 88 44…

Foreclosure in equity. Right of holder, §44-14-49. Evidence. Admission into evidence, §44-14-38. Execution outside state. Attested, acknowledged or probated in same manner as deeds of bargain and sale, §44-14-34. Executors and administrators. Foreclosure of mortgage on real estat…

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…

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 may be, shall be responsible for the acts of such deputies. (Ga. L. 1917, p. 108, § 83; Code 1933, § 60-415; Ga. L. 1982, p. …

Effect of fraud, §44-2-137. Limitation on actions to set aside, §44-2-137. Fraud of person or officer in connection with registration. Actions against person or officer, §44-2-138. Statute of limitations governing, §44-2-138. Fraud or false entries by sheriffs and deputies, §44-2…

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…

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. (Ga. L. 1917, p. 108, § 85; Code 1933, § 60-9905.) Part 2 Proceedings to Register

Officers authorized to attest. Registrable instruments, §44-2-15. Validity of attestation by officer appearing to have no jurisdiction, §44-2-17. Deeds to realty or personalty executed out of state, §44-2-21. Out of state deeds to realty or personalty, §44-2-21. Requirement for r…

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.) 95 44…

Encumbrances. Inclusion in decrees, §44-2-82. Establishing title without registration. Persons claiming less than fee, §44-2-63. Evidence.

Separate parts of one tract. Individual registration, §44-2-65. Service of process. Acknowledgments of form, §44-2-224. Certificate of mailing.

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…

Service upon, §44-2-69. Next friend. Bringing and defending actions for minors and persons under disability, §44-2-62. Nonresidents. Notice, §44-2-67. Service of process. Appointment of resident agent for service, §44-2-68. Notice. Additional notice, §44-2-75. Conclusive of theft…

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.)

Sale of subdivided land. Enforcement of provisions, §44-3-7. Time-shares. Power to enjoin unlawful practices or transactions, §44-3-195. Unclaimed property. Enforcement of unclaimed property laws of other states, §44-12-213. Legal proceedings instituted by other states, §44-12-21…

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 superior court in the same manner that cancellations of mortgages and deeds to secure debts are entered of record. (…

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…

Appearances or pleadings as waiver, §44-2-73. Effect, §44-2-73. Failure to publish notice or mail notice, §44-2-71. Judge’s discretion as to additional notice, §44-2-75. Nonresidents, §44-2-67. Occupants of land, §44-2-72. Other persons found by examiner to be entitled to notice,…

Definitions. Performance of clerk’s and sheriff ’s duties by deputies; liability. Fraud, forgery, and theft in connection with registration of title to land; penalty. Fraudulent acts by office of clerk personnel; penalties. Fraud or false entries by sheriffs and deputies; penalti…

Service upon, §44-2-69. Summons. Service, §44-2-67. Survey of premises, §44-2-64. Order of judge or examiner, §44-2-77. Treatment of land pending registration, §44-2-80. Trustees. Bringing and defending actions for minors and persons under disability, §44-2-62. Property taxes. La…

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,…

Mortgages on property of railroads. Registry, §44-14-36. CROSS REFERENCES. Partial transfers of registered land. Noted upon title register, §44-2-161. CRUDE GUM. Security agreements relating to crops, §§44-14-100, 44-14-101. CRUELTY TO ANIMALS. Veterinarians and boarders of anima…

Land held free from adverse claims not noted on certificate of title. Exception to taxes and levies assessed for current calendar year, §44-2-137. 1043 INDEX LAND REGISTRATION —Cont’d Taxation —Cont’d Notation of delinquent taxes or assessments. Duty and liability of tax officer, …

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.)

Age discrimination. Covenants prohibiting use or ownership of property within subdivision based on age, §44-5-60. Covenants running with the land.

Bankruptcy. Recordation, §§44-14-590, 44-14-591. Cemeteries. Forfeiture of abandoned cemetery lots, §44-5-211. Deeds of trust.

Inclusion of limitations and encumbrances, §44-2-82. In favor of cross-action, §44-2-82. Operation directly on land, §44-2-61. Review by court of appeals, §44-2-84. Separate decree for separate parcels, §44-2-82. Default decrees.

No decree rendered by default without necessary facts, §44-2-81. Defendants.

Form of decrees of title, §44-2-232. Freeing land from further registration. Decrees rendered on or after February 15, 1952, §44-2-144. Separate decrees for separate tracts, §44-2-233. Transfer by clerk pursuant to judgment, production of copy of decree and order, §44-2-172. Tran…

Persons acquiring interest in land pending registration, §44-2-80. Waiver of service, notice and defects, §44-2-73. LAND REGISTRATION —Cont’d Proceedings to register —Cont’d Ascertainment of identities of occupants of land, §44-2-72. Attachment of jurisdiction, §44-2-72. County. …

Bankruptcy petitions, decrees or orders, §§44-14-590, 44-14-591. Livery stable keeper’s lien by describing and recording amount due, §44-14-407. 1131 INDEX RECORDATION —Cont’d Liens —Cont’d Mechanics’ and materialmen’s liens, §§44-14-363, 44-14-364. Offspring of stallion, jack, b…

This article shall be known and may be cited as the ‘‘Georgia Land Sales Act.’’ (Code 1981, § 44-3-1, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1990, p. 606, § 1; Ga. L. 1995, p. 993, § 1.)

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: (1) A copy of each item required in Code Section 44-3-3; and (2) A copy of the sales agreement from each sale rel…

East and west zones, §44-4-21. Grants of land from state. Error in name of grantee. Correctable errors in grants, §44-5-4. Land registration.

Quorums, §44-3-103. Membership, §44-3-100. Name, §44-3-100. Notice of meetings, §44-3-102. Officers. Eligibility, §44-3-104. Organizations, §44-3-100. Powers and responsibilities, §44-3-106. Access through units to discharge, §44-3-105. 936 INDEX CONDOMINIUMS —Cont’d Associations…

Meetings of the members of the association shall be held in accordance with the provisions of the association’s bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the callin…