Title 44 — Title 44

Vacation of judgments rendered upon obligation prior to sale. Invalidation of deed made for purpose of levy and sale, §44-14-164. 962 INDEX DEEDS —Cont’d Copies. Establishment of copy upon loss of original, §44-5-46. Effect, §44-5-46. Covenants. Binding effect on grantee acceptin…

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…

If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price. (Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, § …

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.) 418 History of Code section. — This Code section is de…

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;…

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…

— Ga. L. 1972, p. 193, § 10, effective July 1, 1972, provided that the purpose of the Act was to reduce the age of legal majority from 21 years of age to 18 years of age so that all persons, upon reaching the age of 18, would have the rights, privileges, powers, duties, responsib…

Mortgages on real estate. Defenses by, §44-14-185. Landlord and tenant. Distress warrants. Claims by third person, §44-7-81. Mortgages. Foreclosure of mortgage on real estate. Defenses by, §44-14-185. Transfers to minors. Liability of third persons dealing with person purporting …

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.)

Actual possession, §44-5-165. Forgery. Possession for seven years confers title. Written title forged, §44-5-164. Four years possession. Personal property, §44-5-177. Fraud. Effect of fraud on prescription, §44-5-162. Possession for seven years confers title. Written title fraudu…

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…

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.) 434 History of Code section. — This Code section is derived from the decision in T.44, C.5, A.3 French, Ric…

Recording deeds conveying title to registered land, §44-2-160. Life estates. Creation of life estates, §44-6-82. Loss of original deed. Establishment of copy, §44-5-46. Making of deed. Effect of adverse possession, §44-5-43. Making second deed of conveyance. Fraudulently making, …

Original lost. Advertising prior to issuing corrected grant, §44-5-9. Refusal, §44-5-6. Trial in superior court, §44-5-7. Eminent domain. Right remains in state, §44-5-2. Errors in grants. Correction. Application to governor, §44-5-5. Correctable errors, §44-5-4. Effect of correc…

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…

Requisites of deed to personalty; necessity for deed. Requisites of instruments other than deeds. Form of deed. Construction of inconsistent clauses in deed; ascertainment of intention of parties. Apportionment of price for deficiency in number of acres; rescission. Purchaser’s r…

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…

Bonds for title. Execution and recordation following judgment, §44-14-210. Conveyances to secure debt. Attachment against grantor in deed. Execution and recordation, §44-14-211. Execution and recordation following judgment, §44-14-210. R RACIAL MINORITIES. Covenants prohibiting u…

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…

Construction of dam or canal on nonnavigable streams. Owner controlling lands on both sides. Liability for resultant damages, §44-8-4. ACT OF GOD.

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…

Elections under wills applicable to deeds, §44-5-37. Witnesses. Attestation by witness and officer of deed to lands, §44-5-30. Writing required of deed to lands, §44-5-30. 964 INDEX DEEDS OF TRUST. Acceleration provisions. Prohibited practices in connection with residential real …

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;…

Avoidance of gifts by persons subject to undue influence, §44-5-86. Minors. Acceptance for minors, §44-5-81. 1006 INDEX GIFTS —Cont’d Inter vivos gifts —Cont’d Minors —Cont’d Delivery of personalty by parent to child living separate from parent. Presumption of gift arising from, §…

If a gift is of substantial benefit, the law will presume its acceptance unless the contrary is shown. A parent, guardian, or friend may accept a gift for a minor. The officers of a corporation may accept a gift for the corporation. (Orig. Code 1863, § 2615; Code 1868, § 2616; Co…

Actual manual delivery is not essential to the validity of a gift. Any act which indicates a renunciation of dominion by the donor and the transfer of dominion to the donee shall constitute a constructive delivery. (Orig. Code 1863, § 2617; Code 1868, § 2618; Code 1873, § 2660; C…

A gift in writing, without good consideration and without delivery, is void. However, when, in order for a gift to be valid, a written conveyance for good consideration is required by law, or when in any case a written conveyance is made for a good consideration, the execution an…

Cancellation of personalty mortgage by grantee upon payment in full. Furnishing of cancellation, §44-14-3. Crops. Security agreements relating to crops, §§44-14-100, 44-14-101. Foreclosures. Generally, §§44-14-230 to 44-14-303. Mortgages generally, §§44-14-180 to 44-14-191. Forth…

Implied trust on failure of specific purpose, §44-5-87. Undue influence. Gifts by persons subject to, §44-5-86. Avoidance within five years after making of gift, §44-5-86. Void gifts. Gifts against creditors and bona fide purchasers, §44-5-88. Gifts by persons subject to undue influen…

A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon…

If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails or cannot be accomplished, the donee shall hold the object of the gift as trustee for the donor or his next of kin. (Orig. Code 1…

(a) An insolvent person may not make a valid gift to the injury of his existing creditors. (b) When partial or complete possession of property remains with the donor, every parol gift thereof shall be void against bona fide creditors and bona fide purchasers without notice. (Orig…

Bringing and defending actions for minors and other persons under disability, §44-2-62. Partition. Applications for benefit of minors, mentally ill or retarded persons, §44-6-161. Service of notice of intention to apply for writ on, §44-6-162. Transfers to minors. Irrevocable tran…

Sale of subdivided land. Liability of advertisers for contents of advertisement. Actual knowledge of falsity required, §44-3-8. Time shares. False advertising, §44-3-185. Offering of gifts or prizes, §44-3-187. Statements or representations prohibited, §44-3-186. AFFIDAVITS. Bank…

Reserved. Repealed by Ga. L. 1990, p. 1837, § 1, effective May 1, 1990. Editor’s notes. — Former § 44-6-1, pertaining to the rule against perpetuities, was based on Orig. Code 1863, § 2249; Code 1868, § 2241; Code 1873, § 2267; Code 1882, § 2267; Civil Code 1895, § 3102; Civil Co…

Bills of sale or contracts retaining title. Personal property generally, §§44-14-280 to 44-14-282. Georgia land sales act. Void waivers, §44-3-11. Hiring. General provisions, §§44-12-60 to 44-12-78. Indemnity.

Mining and quarrying rights of way. Applicability of article to lessee of mine, §44-9-75. Rights of way for mining and quarrying, §§44-9-70 to 44-9-76. Amount of water allowed to be withdrawn from stream, §44-9-76. Arbitration for diversion of watercourses, §44-9-72. Arbitrators.…

An estate for years carries with it the right to use the property in as absolute a manner as may be done with a greater estate, provided that the property or the person who is entitled to the remainder or reversion interest is not injured by such use. The acts of omission and com…

A tenant for years is not entitled to emblements unless, before the end of the period which had been fixed for the termination of the estate for years, the happening of some contingency as provided in the creation of the estate terminates the estate without fault on the part of t…

A tenant for years is liable for all repairs or other expenses which are necessary for the preservation and protection of the property. (Orig. Code 1863, § 2259; Code 1868, § 2251; Code 1873, § 2277; Code 1882, § 2277; Civil Code 1895, § 3113; Civil Code 1910, § 3689; Code 1933, …

General provisions, §§44-6-20 to 44-6-25. DECEDENTS’ ESTATES —Cont’d Land registration. Action by personal representative against heirs for improperly appropriated land, §44-2-170. Cancellation of decedent’s certificate of title. Issuance of new certificate to personal representati…

Accounting between cotenants for unequal share, §44-6-122. Rents. Accounting between cotenants for unequal share, §44-6-122. Rights of cotenants, §44-6-121. Transfers to minors. Custodial property consisting of undivided interest, §44-5-122. THE LAND REGISTRATION LAW. General pro…

(a) Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such a…

Recovery of possession. Adverse possession against cotenant, §44-6-123. Adverse possession against cotenant, §44-6-123. Condominiums. Creation of tenancy, §44-3-98. Declaration contents, §44-3-77. Termination of condominium. Property constituting condominium owned by unit owners …

Nature, §44-5-160. When adverse possession for seven years confers title, §44-5-164. When adverse possession for twenty years confers title, §44-5-163. Tolling prescription period. Effect of disabilities on commencement of prescription, §44-5-170. Unrepresented estates. Prescript…

Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just. (Orig. Code 1863, § 3115; Code 1868, § 3127; Code 1873, § 3183; Code 1882, § 3183; Civil Code 1895, § 4783; C…

In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either a partition or a sale if it appears that the present or prospective interest of any cotenant may not be protected thereby. (Orig…