Title 44 — Title 44

As used in this article, the term: (1) ‘‘Adult’’ means an individual who is at least 18 years of age. (2) ‘‘Agent’’ means an individual: (A) Authorized to make health care decisions on the principal’s behalf by an advance directive for health care or a durable power of attorney f…

Subject to Code Section 44-5-146, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult …

(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by …

(a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this Code se…

(a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physic…

(a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f ) of this Code section, in the absence of an 502 44-5-147 express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an …

(a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, 503 44-5-148 research, or education may be made by any member of the fo…

(a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the 504 44-5-149 person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduce…

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subs…

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offic…

(a) A document of gift need not be delivered during the donor’s lifetime to be effective. 507 44-5-152 (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examinat…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the in…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (Code 1981, § 44-5-153, enacted by Ga. L. 2008, p. 503, § 1/SB 405.) 44-5-154. Limited prohibition on sale or purcha…

(a) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,00…

(a) A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making a…

(a) A document of gift is valid if executed in accordance with: (1) This article; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a nati…

(a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the 510 44-5-159 direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person…

If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplanta…

Request for reconsideration, §44-5-159.2. Limitations on authorization of removal or donation, §44-5-154. Role of medical examiner, §44-5-159.2. COORDINATE SYSTEM. General provisions, §§44-4-20 to 44-4-31. COPPER.

(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…

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.

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…

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…

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…

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…

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…

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…

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…

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.

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 …

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…

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…

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, …

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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…

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, §…

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…

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, §…

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…

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…