Title 44 — Title 44

Prior recorded liens and liens for ad valorem taxes shall have priority over a broker’s lien. History. Code 1981, § 44-14-603, enacted by Ga. L. 1993, p. 1490, § 1.

Removal of encumbered property to hinder, delay or prevent levy. Entry, §44-14-11. 984 INDEX ENCUMBRANCES —Cont’d Nulla bona —Cont’d Removal of encumbered property to hinder, delay or prevent levy —Cont’d Shifting of burden of proof upon entry, §44-14-11. Removal of encumbered pr…

Advances to pay premium secured by conveyance, §44-14-2. Public utilities. Bond issue to secure after-acquired property. Right of utility to embrace, cover, convey, etc., §44-14-35.1. Recordation of deed to secure debt relating to real and personal property, §44-14-36. Quitclaim …

The clerks of the superior courts of this state shall keep a lis pendens docket in which they shall record all notices of lis pendens on real property filed with them, such lis pendens docket to have proper indexes arranged alphabetically both as to direct and inverse; and the cle…

Upon the dismissal of any action by the plaintiff or plaintiffs or when a settlement or final judgment is entered therein, such dismissal, 879 44-14-613 settlement, or final judgment shall be indicated on the face of the lis pendens record by the clerk of the superior court of each…

Article not to affect or alter laws with respect to, §44-14-613. Fees. Recording fees, §44-14-611. Indexing of docket, §44-14-611. Judgments. Article not to affect or alter laws with respect to, §44-14-613. Final judgment indicated on face of lis pendens record, §44-14-612. 1061 …

Wrongful sale or removal of property subject to, §44-14-6. Probate. Out-of-state bills, §44-14-62. Property covered, §44-14-35.1. Public utilities. Bond issue to secure bill. After-acquired property. Right of utility to embrace, cover, convey, etc., §44-14-35.1. Expiration of not…

Foreclosure not commenced after reversion, §44-14-83. Deeds. Quitclaim deeds. Bonds for title, etc., §§44-14-210, 44-14-211. Sales made on foreclosure under power of sale. Mailing notice to debtor. Recitals in deed as to meeting of notice requirements, §44-14-162.4. Equipment rep…

Effect of grantor relinquishing possession, §44-14-84. Deeds. Conveyances. Binding effect on grantee accepting deed, §44-5-39. Escrow accounts. Delivery of deed to third party as escrow, §44-5-42. GRANTEES —Cont’d Escrow accounts. Deeds. Delivery of deed to third party as escrow,…

Bailments. Nature of use of loans, §44-12-111. Mineral resources. Adverse possession. Mineral rights under certain conditions, §44-5-168. Prescription. Adverse possession. Tacking of prior possession originating in fraud, §44-5-174. Recordation. Affidavits relating to land. Notic…

(a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property…

Foreclosures. Bills of sale or contracts retaining title, §§44-14-280 to 44-14-282. Commercial transactions relating to personal property, §§44-14-260 to 44-14-269. Magistrate courts, §§44-14-300 to 44-14-303. Security interest on personal property, §§44-14-230 to 44-14-241. Reco…

Defendant without permanent abode, §44-14-10. Exemptions from levy and sale. Constitutional exemptions. Applications, §44-13-4. Sale of exempted property for reinvestment, §44-13-16. Georgia land sales act. Civil or criminal action, §44-3-9. Land registration. Hearing on petition…

Vacation of judgments rendered upon obligation prior to sale, §44-14-163. CONVEYANCES TO SECURE DEBT —Cont’d Notice. Land registration. Sale by holder of creditor’s certificate. Opportunity to object to transfer to purchaser, §44-2-165. Quitclaim deed following judgment. Levy and …

Powers of sale in the conveyances of real property to secure debt shall not be exercised after an action to foreclose the instrument is barred. A sale or conveyance under power in such instrument after an action to foreclose the instrument is barred shall be absolutely void and n…

No action shall be brought to recover property under a conveyance of real property to secure debt when an action to foreclose and the exercise of power of sale are barred. History. Ga. L. 1941, p. 487, § 4.

Real property. Foreclosures. Sales under power of sale, §§44-14-161 to 44-14-162.4. Real property. Contracts to sell generally. Requisites, §44-5-32. Covenants running with the land, §44-5-60. Defects in title.

This part shall not apply in those cases where the grantor or his successors in possession have surrendered possession of the property described in the deed to secure debt to the grantee or his successors in title in settlement of the indebtedness. History. Ga. L. 1941, p. 487, §…

Involuntary, gratuitous or naked deposits. Sale of property at public auction. One-year limitation for claims of owner, §44-14-412. 1060 INDEX LIMITATION OF ACTIONS —Cont’d Foreclosures. Liens on personalty, §44-14-550. Georgia land sales act. Actions by buyers upon violation of …

This chapter shall be known and may be cited as the “Uniform Prudent Management of Institutional Funds Act.” History. Code 1981, § 44-15-1, enacted by Ga. L. 2008, p. 149, § 1/HB 972.

As used in this chapter, the term: (1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. (2) “E…

(a) Subject to the intent of a donor expressed in a gift instrument or 883 44-15-3 any express written agreement between the donor and the institution, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and t…

(a) Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent fo…

(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the cir…

(a) If the donor or a donor’s designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an insti…

Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. This chapter applies to institutional funds existing on or established after July 1, 2008. As applied to inst…

Covenants prohibiting use or ownership of property based on creed, §44-5-60. REMAINDERS AND REVERSIONS, §§44-6-60 to 44-6-68. Construction of words of survivorship in wills, §44-6-66. 1135 INDEX REMAINDERS AND REVERSIONS —Cont’d Contingent remainders. Distinguished from vested re…

This chapter may be known as and may be cited as the “Uniform Environmental Covenants Act.” History. Code 1981, § 44-16-1, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-2. Definitions.

Citation of act, §44-16-1. Copies to be provided by agency, §44-16-7. Definitions, §44-16-2.

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose prope…

The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the ag…

The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. History. Code 1981, § 44-16-13, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-14. Electronic signatures and delivery.

Holders, §44-16-3. Injunctions. Action for violation of covenant, §44-16-11. Interests in existence at time covenant created or amended. Rules applicable to, §44-16-3. Ordinances. Provisions not to authorize uses prohibited by, §44-16-6. Recordation, §44-16-8. Registry of covenan…

As used in this chapter, the term: (1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. (2) “Agency” means the Environmental Protection Division of the Department of Natural Resources or any federal agency …

(a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real pro…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a p…

This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of re…

(a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; 894 44-16-9 …

Definitions. Holders of environmental covenants; rights of agency; rules. Requirements for environmental covenant. Enforcement of environmental convenant. Environmental covenant restrictions. Validation of environmental covenant. Recording of amendments or termination of environme…

(a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated p…