Title 44

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

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…

(a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organizat…

(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.)

Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of time fixed by law. (Orig. Code 1863, § 2637; Code 1868, § 2636; Code 1873, § 2678; Code 1882, § 2678; Civil Code 1895, § 3583; Civil Code 1910,…

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…

(a) In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal. (b) When actual or positive fraud prevents or deters another party from acting, prescription shall n…

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…

(a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of such tract. In such case, his or her possession shall be construed to extend to the boundary of such tract. With respect to a railroad corpo…

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 must attempt to work or work the mineral rights or return the property for and pay ad valorem taxes. Dubbers-Albrec…

Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted. (Civil Code 1895, § 3931; Civil Code 1910, § 4528; Code 1933, § 85-408.…

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, …

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…

(a) Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years. (b) Prescription shall not run against a joint title which cannot be severally enforced or where any of the joint owners l…

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…

The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him. (Orig. Code 1863, § 2634; Code 1868, § 2634; Code 1873, § 2675; Code 1882, § 2675; Civil Code 1895, § 3581; Civil Code 1910, § 4161; Code 1933, § 85-1109.)

(a) As used in this Code section, the term ‘‘lot’’ means any lot or portion of a lot in a cemetery owned by a county, municipality, or consolidated government which has not been used for the interment of human remains and for which no provision for perpetual care was made at the …

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…

Definitions. Applicability of article. Nomination of custodian. Irrevocable gift or exercise of power of appointment made under Code Section 44-5-119. Irrevocable transfer by personal representative or trustee to custodian for minor’s benefit. Irrevocable transfer by personal 44-…

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…

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…

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…

44-5-191. These sections also provide that, once it has been determined in the appropriate manner that an escheat has occurred, the determination shall be binding on all heirs. Under former OCGA Sec. 44-5-194, an heir could file a claim up to three years following the escheat of p…

Enforcement of rights. Defense by maker, §44-14-121. 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 inst…

Effect of recital in deed of receipt of purchase money. Binding effect of covenants on grantee who accepts deed. Conveyance of future interests or estates. Voidance and ratification of conveyance to or by a minor. Delivery of deed to third party as escrow; possession as proof of …

— 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…

If two estates in the same property shall unite in the same person in his individual capacity, the lesser estate shall be merged into the greater. (Orig. Code 1863, § 2253; Code 1868, § 2245; Code 1873, § 2271; Code 1822, § 2271; Civil Code 1895, § 3106; Civil Code 1910, § 3682; …

As a general rule, a party may not hold a lien on his own property; but the owner of property which is subject to a lien created or imposed against the property by another person may protect himself by purchasing the lien and levying it on other property of the person liable to p…

An absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate. (Orig. Code 1863, § 2226; Code 1868, § 2220; C…

The word ‘‘heirs’’ or its equivalent is not necessary to create an absolute estate. Every properly executed conveyance shall be construed to convey the fee unless a lesser estate is mentioned and limited in that conveyance. If a lesser estate is expressly limited, the courts shal…

An absolute estate may be created to commence in the future, and the fee may be in abeyance without detriment to the rights of subsequent remainders. A fee may be limited upon a fee, either by deed or will, where the plain intention of the grantor or testator requires it and no o…

Limitations over to ‘‘heirs,’’ ‘‘heirs of the body,’’ ‘‘lineal heirs,’’ ‘‘lawful heirs,’’ ‘‘issue,’’ or words of similar meaning shall be held to mean ‘‘children’’ whether the parents are alive or dead. Under such words the children and the descendants of deceased children by rep…

(a) Estates tail are prohibited and abolished and the law shall not presume or imply such an estate. Gifts or grants to a person and the heirs of his body, to his male heirs or female heirs, to his heirs by a particular person, to his children, or to his issue shall convey an abs…

All limitations over after the death of the first taker, upon his ‘‘dying without heirs,’’ ‘‘dying without issue,’’ ‘‘dying without leaving heirs or issue,’’ ‘‘on failure of issue,’’ or other and equivalent terms, shall be construed to mean a failure of heirs or issue at the time…

An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions. (Orig. Code 1863, § 2275; Code 1868, § 2268; Code 1873, § 2294; Code 1882, § 2294; Civil Code 1895, § 3136;…

Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The law favors conditions to be subsequent rather than precedent and to be remediable by d…

Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately. (Orig. Code 1863, § 2280; Code 1868, § 2273; Code 1873, § 2299; Code 1882, § 2299; Civil Code 1895, § 3141; Civil Code 1910, §…

Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the law are void. (Orig. Code 1863, § 2277; Code 1868, § 2270; Code 1873, § 2296; Code 1882, § 2296; Civil Code 189…

(a) An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future. (b) An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate …