Title 44 — Title 44

For all purposes, each condominium unit shall constitute a separate parcel of real property which shall be distinct from all other condominium units. If there is any unit owner other than the declarant, no tax or assessment shall be levied on the condominium as a whole but only o…

Cost of collection of lien for assessments, §44-3-109. Foreclosure of lien on leasehold condominiums, §44-3-86. Performance of defaulted covenant in leasehold condominium, §44-3-86. Sales of residential condominium units for residential occupancy. Actions against sellers, §44-3-1…

Conflicts and inconsistencies, §44-3-75. Defects in recorded instruments. Procedure for curing, §44-3-115. Instruction and validity, §44-3-75. Recordation, §44-3-74. CONDOMINIUMS —Cont’d Instruments generally —Cont’d Severability, §44-3-75. Withdrawal of submitted property. Conten…

Every other year, the judge of the probate court of each county shall appoint three suitable persons in every militia district in the county who shall be processioners of land for that district until their successors are appointed. In the event the judge of the probate court is u…

The applicant shall pay to each of the processioners not less than $6.00 per day for his services. If a protest is filed, the costs of the court shall abide the issue. The judge of the probate court is authorized to fix the 367 44-4-20 compensation of the processioners at the tim…

(a) As established for use in the East Zone, the Georgia Coordinate System or the Georgia Coordinate System of 1985 shall be named; and, in any land description in which it is used, it shall be designated the ‘‘Georgia Coordinate System East Zone’’ or the ‘‘Georgia Coordinate Sys…

Correctable errors in grants, §44-5-4. Navigable tidewaters as boundaries, §44-8-7. Nonnavigable streams as boundaries, §44-8-2. Nonnavigable tidewaters as boundaries, §44-8-6. BOUNDARIES —Cont’d Riparian rights. Navigable tidewaters as boundaries, §44-8-7. Nonnavigable streams a…

When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description…

(a) For purposes of more precisely defining the Georgia Coordinate System, the following definition of the United States Coast and Geodetic Survey, now National Ocean Survey/National Geodetic Survey, is adopted: (1) The ‘‘Georgia Coordinate System East Zone’’ is a transverse Merc…

Rerecording instruments, §44-2-13. Chattel mortgages. Expiration of notice effected by recording of mortgage, §44-14-140. Affidavit for extension of time period, §§44-14-141, 44-14-142. Extension of time period, §44-14-141. Instruments filed before March 31, 1937. Limitations on, …

The use of the term ‘‘Georgia Coordinate System East Zone,’’ ‘‘Georgia Coordinate System of 1985 East Zone,’’ ‘‘Georgia Coordinate System West Zone,’’ or ‘‘Georgia Coordinate System of 1985 West Zone’’ on any map, report of survey, or other document shall be limited to coordinate…

Any conversion of distances between the meter and the American Survey foot will be based upon the length of the meter (exactly) equals 39.37 inches or 3.2808333333 1/3 feet. (Code 1981, § 44-4-28, enacted by Ga. L. 1985, p. 650, § 1.) 44-4-29. Use of system not mandatory.

Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Georgia Coordinate System or the Georgia Coordinate System of 1985. Nothing in this article shall be so construed as to require any …

(a) Any legal description prepared under the provisions of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until July 1, 1985, shall not be invalid. (b) Any continual use of legal descriptions pre…

Local government holding easement. Property boundaries within locality, requirements, §44-10-3. Coordinate system. General provisions, §§44-4-20 to 44-4-31. Georgia coordinate system and Georgia coordinate system of 1985. Coordinate system generally, §§44-4-20 to 44-4-31. Holes. …

The processioners shall make a return of their acts within 30 days, together with the plat of the surveyor, to the judge of the probate court of the county to be kept on file in his office. (Laws 1799, Cobb’s 1851 Digest, p. 718; Code 1863, § 2360; Code 1868, § 2357; Code 1873, §…

In all cases of disputed lines, the following rules shall apply: (1) Natural landmarks, being less liable to change and not capable of counterfeiting, shall be the most conclusive evidence; (2) Ancient or genuine landmarks such as corner stations or marked trees shall control the…

General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years’ standing. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line. (Orig. Code 1863, § 2356; Code 1868, § 2353; Code 1873, …

When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession. (Orig. Code 1863, § 2357; Code 1868, § 2354; Code 1873, § 2389; Code 1882, § 2389; Civil…

When a watercourse is one of the boundary lines of a tract of land and its course has been changed by nature or by man so that its present channel cuts off a part of the land, the processioners and the surveyor shall certify the fact; and the plat of the surveyor shall plainly ma…

The title to all lands originates in grants from the Government and, since its independence, from the state. (Orig. Code 1863, § 2322; Code 1868, § 2319; Code 1873, § 2350; Code 1882, § 2350; Civil Code 1895, § 3210; Civil Code 1910, § 3798; Code 1933, § 85-301.)

(a) All corrected grants shall take effect from the time of the issuance of the original grant but shall not affect the vested rights of bona fide purchasers without notice. (b) Corrected grants shall bear upon their face a notation of the correction made and the date of the exec…

(a) To constitute a valid gift in contemplation of death, the following criteria must be met: (1) The object of the gift must be personal property; (2) The donor must be in his last illness or in peril of death; (3) The gift must be intended to be absolute only in the event of de…

Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on the ground: (1) That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity…

Successor custodians. Appointment, §44-5-128. Support and maintenance of minor. Custodial discretion in transfers of custodial property for, §44-5-124. Third parties. Liability of third persons dealing with person purporting to act in capacity of custodian, §44-5-126. Torts. Comm…

As used in this article, the term: (1) ‘‘Adult’’ means an individual who has attained the age of 21 years. (2) ‘‘Benefit plan’’ means an employer’s plan for the benefit of an employee or partner or an individual retirement account. 479 44-5-111 (3) ‘‘Broker’’ means a person lawfu…

(a) This article applies to a transfer that refers to ‘‘The Georgia Transfers to Minors Act’’ in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of…

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance…

Accounting by custodian, §44-5-129. Expenditure by custodian for use and benefit of minor, §44-5-124. Removal of custodian, §44-5-128. Powers of appointment. Creation and transfer of custodial property, §44-5-119. Nomination of custodian made in instrument exercising, §44-5-113. T…

(a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section …

Successor custodian, §44-5-128. Discretion in transfers of custodial property. Support, maintenance, education and general use and benefit of minor, §44-5-124. Expenses of custodian, §44-5-125. Form of nomination, §44-5-113. Nomination, §44-5-113. Successor custodian, §44-5-128. N…

(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance b…

Grants may be impeached before the courts where they are: (1) Void upon their face; (2) Issued without authority of law or against a prohibition in a law; or (3) Issued for property to which the state had no title. However, mere irregularities in the proceedings to obtain grants …

A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship. (Code 1981, § 44-5-120, enacted by Ga. L. 1…

(a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control; (2) Designation of an ineligible custodian, except designation of…

Resignation, §44-5-128. Single custodianship, §44-5-120. Successor custodians. Appointment, §44-5-128. Third persons dealing with person purporting to act in capacity of. Liability, §44-5-126. TRANSFERS TO MINORS —Cont’d Custodians —Cont’d Torts committed during custodianship. As…

Riparian rights in navigable tidewaters. Rights of owners of land adjacent to covered by. Oysters and clams, §44-8-7. Riparian rights in nonnavigable tidewaters. Rights of adjoining landowners to oysters, clams and other shellfish, §44-8-6. SEARCHES AND SEIZURES.

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under Code Section 44-5-114, a custodian has a noncumulative election during each calendar ye…

Defendant’s liability. Destruction of or injury to property, §44-12-157. Veterinarians.

(a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted against the custodial property by proce…

(a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 to the person who made the nomination or to the transferor or the transferor’s legal represe…

(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court: (1) For an accounting by the custodian or the custodia…

A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant. (Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, § 3…

Riparian owners. Right to embank, §44-8-9. EMBLEMENTS. Estates for years. Right of tenant to, §44-6-104. Landlord and tenant. Tenancy at will. Right of tenant to, §44-7-8. Life tenants. Entitlement to life estate terminated by act of someone other than tenant for life, §44-6-85. …

This article applies to a transfer within the scope of Code Section 44-5-112 made after July 1, 1990, if: (1) The transfer purports to have been made under former Article 5 of this chapter, known as ‘‘The Georgia Gifts to Minors Act’’; or (2) The instrument by which the transfer …

(a) Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former Article 5 of this chapter, known as ‘‘The Georgia Gifts to Minors Act,’’ for the coverage of custodial prope…

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article 495 44-5-140 among states enacting it. (Code 1981, § 44-5-133, enacted by Ga. L. 1990, p. 667, § 1.)

Acceptance for, §44-5-81. Delivery of personalty by parent to child living separate from parent. Presumption of gift arising from, §44-5-84. Donation of blood by persons over 17 years of age, §44-5-89. Lands belonging to parent but in possession of child for seven years. Rebuttab…

How land in state held. Form of grants; substantial compliance. Correctable errors in grants. Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors. When correction refused. Trial in superior c…

This article shall be known and may be cited as the ‘‘Georgia Revised Uniform Anatomical Gift Act.’’ (Code 1981, § 44-5-140, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)