Title 44

The plane coordinate values for a point on the earth’s surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in U.S. Survey feet and decimals of a foot when using the Georgia Coo…

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…

No coordinates based on either Georgia Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point has been connected by survey to a monumented horizontal control …

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…

The term ‘‘Grid North, Georgia East Zone’’ refers to the fixed north direction in the East Zone, being Geodetic North for the central meridian eighty-two degrees ten minutes west of Greenwich. The term ‘‘Grid North, Georgia West Zone’’ refers to the fixed north direction in the W…

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.)

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…

— Data required to be included in maps or plats recorded with clerk of superior court, § 15-6-67. County nate System and Georgia Coordinate System of 1985; East and West Zones. Names of East and West Zones. Alternative plane coordinates for expressing location of a point for Geor…

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…

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…

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 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…

All realty in this state is held under the state as the original owner thereof. It is free from all rent or service and is limited only by the right of eminent domain which remains in the state. (Orig. Code 1863, § 2200; Code 1868, § 2195; Code 1873, § 2221; Code 1882, § 2221; Ci…

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, §…

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;…

In all cases where errors in issuing or recording grants are sought to be corrected, an application shall be made in writing to the Governor showing that notice in writing of the nature and time of the application has been served upon every person who may be in any manner interes…

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…

If it is unclear whether the proposed correction would interfere with the vested rights of others, the Governor may cause an issue to be made and certify the same to the superior court of the county where the land is located, requiring the court to cause the issue to be tried bef…

All the papers and evidence upon every application made pursuant to Code Section 44-5-5 shall be filed and preserved in the office of the Governor. (Orig. Code 1863, § 2329; Code 1868, § 2326; Code 1873, § 2357; Code 1882, § 2357; Civil Code 1895, § 3216; Civil Code 1910, § 3804;…

If the applicant for a corrected grant is not able to produce the original grant to be canceled, the Governor may issue the corrected grant after advertising for six months, at the expense of the applicant, for any objection to be filed. (Laws 1837, Cobb’s 1851 Digest, p. 658; Co…

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 the same formality as is required for the executi…

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…

If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect. (Orig. Code 1863, § 2656; Code 1868, § 2655; Code 1873, § 2697; Code 1882, § 2697; …

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…

The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds. (Orig. Code 1863, § 3096; Code 1868, § 3108; Code 1873, § 3165; Code 1882, § 3165; Civil Code 1895, § 4016; Civil Code 1910, § 4613; Code 1933, § 37-505.)

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…

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.) History of Code section. — This Code section is derive…

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…

A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive proof of a delivery, but that presumption may be rebutted. (Orig. Code 1863, § 2652; Code 1868, § 2651; Code 1873, § 2693; …

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.)

The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to sell and convey the property treated in the deed. (Orig. Code 1863, § 2658; Code 1868, § 2657; Code 1873, § 2699; Code 188…

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…

If an original deed is lost, a copy may be established by the superior court of the county where the land is located; and when the copy is established, it shall have all the effect of the original. (Laws 1785, Cobb’s 1851 Digest, p. 166; Laws 1799, Cobb’s 1851 Digest, p. 463; Cod…

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.) History of Code section. — This Code section is derived from the decision in French, Richards & Co. v. Robi…

(a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and …

(a) The purchaser of lands obtains with the title, whether conveyed to him at public or private sale, all the rights which any former owner of the land under whom he claims may have had by virtue of any covenants of warranty of title, of quiet enjoyment, or of freedom from encumb…

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…

A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. (Orig. Code 1863, § 2662; Code 1868, § 2661; Code 1873, § 2703; Code 1882, § 2703; Civil Code 1895, § 3614; Civil Code 1910, …

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…

In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defen…

To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages. (Orig. Code 1863, § 2666; Code 1868, § …

Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale unless the jury determines, under the circumstances of the case, that the use of the premises was equal to the interest on the mo…