Title 44 — Title 44

Land registration. Service upon state, §44-2-69. SETOFFS. Ejectment. Value of improvements against mesne profits. Adverse claimant, §44-11-9. By trespassers, §44-11-8. Trover. Action involving purchase money contract, §44-12-154. SETTLEMENTS. American Indian human remains and buri…

An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment. History. Civil Code 1895, § 3068; Civil Code 1910, § 3644; Code 1933, § 85-1403. History of Section. This…

SUPERIOR COURTS —Cont’d Ejectment proceedings against intruders. Jury trial on submission of counteraffidavit, §44-11-32. Exemptions from levy and sale. Constitutional exemptions. Sale of excess property by receiver. Power over receiver, §44-13-86. Sale of property for reinvestme…

Recordation, clerk’s duties, §44-2-2. Renewal of unsatisfied executions previously existing. Recordation, clerk’s duties, §44-2-2. 1162 INDEX TELEPHONES. Conveyances to secure debt. Recordation of deed to secure debt relating to real and personal property by entity furnishing serv…

In the event the parties disagree as to the necessity for the right of way sought to be condemned and as to the compensation to be paid to the landowners therefor, arbitrators may be selected as provided by Parts 1 and 2 of Article 2 of Chapter 9 of Title 9. History. Ga. L. 1887,…

In all cases where it may be deemed desirable and necessary to divert any watercourse from its usual channel for any of the purposes specified in Code Section 44-9-70, it shall be lawful to submit the request to arbitration as provided in Chapter 9 of Title 9; and the arbitrators …

Control of water power by mine owner with canal, dam, etc. Application to court for right, §44-9-73. MINES —Cont’d Rights of way for mining and quarrying —Cont’d Watercourse diversion. Arbitration of requests, §44-9-72. Water power. Right of mine owner to control with canal, dam,…

Lis pendens notice, §§44-14-610 to 44-14-613. DOMESTICATION OF FOREIGN JUDGMENTS. Exemptions from levy and sale. Domesticated judgment from another state, §44-13-120. DRIVERS’ LICENSES. Anatomical gifts. Department of driver services. Access to records by procurement organization…

Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall be entitled to avail himself or themselves of the benefits and privileges of this article. 95 History. Ga. L. 1868, p. 139, § 6; Code 1873, …

Bills of sale to secure debt. Conveyances. Absolute conveyance, §44-14-60. Liens. Grantor’s right to reconvey. Effect of liens against grantor on exercise of right, §44-14-66. Recordation, §44-14-63. Condominiums. Allocation of liability for common expenses, §44-3-80. Lien for as…

Any person or corporation desiring to build or construct any tramway 96 44-9-91 to connect with any waterway or railway in this state for the purpose of transporting lumber, naval stores, and timber by means of the same may make application in writing to the judge of the probate …

When the application provided for in Code Section 44-9-90 has been filed in the office of the judge of the probate court or the office of the county commissioners, as the case may be, all the proceedings thereafter shall be the same as are allowed and directed by Title 22 for cond…

Maximum width, §44-9-91. Petition for construction, §44-9-90. Proceedings to lay out, §44-9-91. TRANSFERS TO MINORS, §§44-5-110 to 44-5-134. Accounting by custodian, §44-5-129. Annuities. Creation and transfer of custodial property, §44-5-119. Applicability of article, §44-5-112.…

This article shall be known and may be cited as the “Georgia Uniform Conservation Easement Act.” History. Code 1981, § 44-10-1, enacted by Ga. L. 1992, p. 2227, § 1.

As used in this article, the term: (1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property…

Approval of certificates of appropriateness, §44-10-28. Uses not prohibited, §44-10-29. Action to prevent illegal acts or conduct, §44-10-30. Violations of article, §44-10-31. HISTORIC PRESERVATION ACT. General provisions, §§44-10-20 to 44-10-31. Short title.

The General Assembly finds that the historical, cultural, and esthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people. Theref…

As used in this article, the term: (1) “Certificate of appropriateness” means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which …

Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended…

Powers, §44-10-25. Qualifications, §44-10-24. Terms, §44-10-24. Compliance with article. Exemptions, §44-10-23. Conservation easements. General provisions, §§44-10-1 to 44-10-8. Definitions, §44-10-22.

Any municipal, county, or joint historic preservation commission appointed or designated pursuant to Code Section 44-10-24 shall be authorized to: (1) Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designatio…

Lien on action accruing to injured person for care and treatment costs, §44-14-471. Indians. Museums. American Indian human remains and burial objects held by. Civil penalties for violations. Imposition, §44-12-264. Inventory. Completion, §44-12-261. Jewelers’ lien sales after on…

Abolished, §44-14-322. VENUE. Deeds of trust. Enforcement of rights, §44-14-120. Encumbrances. Removal of encumbered property to hinder, delay or prevent levy, §44-14-8. Aiding and abetting, §44-14-9.

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property, which maintenance or repair does not involve a material change in design, material, or outer appearance thereof, nor to pre…

Interests covered, §44-10-6. Termination of easement. Power of court, §44-10-4. Third parties. Right of enforcement. Defined, §44-10-2. Persons with right to bring action, §44-10-4. Title of act.

Certificates of appropriateness. Review, §44-10-28. Compensation, §44-10-24. Duties, §44-10-25. Establishment or designation, §44-10-24. HISTORIC PRESERVATION —Cont’d Commission —Cont’d Investigation and report on designation of historic properties or districts, §44-10-26. Joint c…

Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances. History. Ga. L. 1980, p. 1723, § 10. 115 T.44, C.…

Short title, §44-10-1. Validity, §44-10-5. CONSIDERATION. Covenants running with the land. Elements necessary for covenant to run with land, §44-5-59. Deeds. Inquiry into consideration, §44-5-30. CONSPIRACIES. Examiners of title. Fraudulent acts and malpractice, §44-2-46. Sheriff…

A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) …

Uniformity of laws, §44-10-7. 942 INDEX CONSERVATION EASEMENTS —Cont’d Local government holding easement. Property boundaries within locality, requirements, §44-10-3. Parties. Actions affecting conservation easements, §44-10-4. Privity. Validity of easements. Privity not required…

This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting it. History. Code 1981, § 44-10-7, enacted by Ga. L. 1992, p. 2227, § 1. 44-10-8. Recordation of easements; rev…

Actions. Deeds conveying interest in real property used as commercial landfill. Violations of provisions, §44-5-48. Commercial landfills. Deeds conveying interest in, §44-5-48. Damages. Deeds conveying interest in real property used as commercial landfill. Violations of provisions, …

Scope of general warranty, §44-5-62. WASHING MACHINES. Condominiums. Insurance coverage required, §44-3-107. 1187 INDEX WASTE. Estates for years. Repairs and expenses necessary for preservation and protection of property. Liability of tenant, §44-6-105. Landlord-tenant liability,…

Setoff of value of improvements against mesne profits by adverse claimant. Molding of decree, §44-11-9. Defendants. Disclaimer of claim, §44-11-6. Making true claimant defendant, §44-11-5. Disclaimer of claim by defendant, §44-11-6. Election of remedies.

The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits. History. Ga. L. 1860, p. 43, § 1; Code 1863, § 3312; Code 1868, § 3324; Code 1873, § 3401; Code 1882, § 3401; Civil Code 1895, § 5002; Civil Code …

Joint action against, §44-11-4. Setoff of value of improvements against mesne profits. Adverse claimants, §44-11-9. Trespassers, §44-11-8. 982 INDEX EJECTMENT —Cont’d Subsequent possession by mere entry. Recovery by plaintiff on prior possession alone, §44-11-2. Survivor of action…

When a verdict in ejectment is rendered in favor of the plaintiff and a judgment is entered thereon, the clerk of the superior court shall issue a writ of possession in which the clerk shall incorporate a clause directing the sheriff to collect by levy and sale of the defendant’s…

Requirement, §44-11-1. Setoff of value of improvements against mesne profits by adverse claimant. Title of purchaser, §44-11-9. Exemptions from levy and sale. Constitutional exemptions. Sale for reinvestment, §44-13-16. Good title to land for 40 years. Legal effect, §44-2-22. Gran…

A plaintiff in ejectment may recover the premises in dispute upon his prior possession alone against one who subsequently acquires possession of the land by mere entry and without any lawful right whatsoever. History. Orig. Code 1863, § 3278; Code 1868, § 3290; Code 1873, § 3366;…

Miller, 21 Ga. 368, 1857 Ga. LEXIS 68 (1857); Baker v. Downing, 69 Ga. 746, 1882 Ga. LEXIS 329 (1882). If one joint plaintiff should not recover, none may. — Where a joint action for land is brought by several persons, and the evidence shows that one of them is not entitled to re…

If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not turn him out of possession but shall leave both parties in their respective positions. In such an 151 44-11-33 event, the sheriff shall return both affidavits to the …

Procedure on submission of, §44-11-32. Sheriff competent to administer oath to person in possession, §44-11-31. Fi. fa. for costs, §44-11-33. Jury trial. Procedure on submission of counteraffidavit, §44-11-32. Manner of ejecting, §44-11-30. Oath. Sheriff competent to administer t…

When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for t…

Issuance of writ of possession. Levy and sale clause, §44-11-14. Recovery, §44-11-7. Setoff of value of improvements against by adverse claimant, §44-11-9. Setoff of value of improvements by trespasser, §44-11-8. Parties. Death of codefendant. Necessity for substitution, §44-11-1…

Levy and sale clause, §44-11-14. Proceedings against intruders. Fi. fa. for costs, §44-11-33. Exemptions from levy and sale. Constitutional exemptions. Proceedings, §44-13-19. Landlord and tenant. Retaliation by landlord against tenant, action for, §44-7-24. 952 INDEX COSTS —Cont…

(a) By adding a count in his petition and submitting the evidence to the jury, the plaintiff in ejectment may recover by way of damages all such sums of money to which he may be entitled by way of mesne profits, together with the premises in dispute. (b) No plaintiff in ejectment …

Constitutional exemptions. Fraudulent omissions from schedule of property, §44-13-6. Harassment of debtor, §44-13-41. Foreclosures. Personalty liens, §44-14-550. Sales made under power of sale, §44-14-162.4. Indians.

Application may be made and partition of personal property may be obtained in the same manner and under the same regulations as are prescribed by law for obtaining a partition of lands and tenements. History. Orig. Code 1863, § 3908; Code 1868, § 3938; Code 1873, § 4008; Code 188…

Loans may be either for consumption or for use. A loan for consumption is a loan of an article which is not to be returned in specie, but in kind; this is a sale and not a bailment. 214 History. Orig. Code 1863, § 2103; Code 1868, § 2098; Code 1873, § 2125; Code 1882, 44-12-111 §…

A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A loan for use may be made either for a definite time or for an indefinite time and is at the will of the grantor. History. Orig. Code 1863,…