Title 44 — Title 44

Property rights exist in all animals, birds and fish, §44-1-8. Wild animals. Factors establishing property in, §44-1-8. No property right created in, §44-1-8. Ownership of deposit and offspring by, §44-1-9. Wildlife. Property rights in animals. Deposit and offspring by wild animal…

(a) Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both. (b) The rules of construction applicable to estates of personalty shall be the same as those applicable to estates of realty.…

One person may have the right of possession of certain property and another person may have the right to the property itself. A union of those rights constitutes a perfect title. (Orig. Code 1863, § 2321; Code 1868, § 2318; Code 1873, § 2349; Code 1882, § 2349; Civil Code 1895, §…

Lease-back prohibited, §44-12-131. Taking possession, §44-12-131. Private property. Removal of improperly parked cars, §44-1-13. 1079 INDEX MOTOR VEHICLES —Cont’d Repossessors. Lien as involuntary, gratuitous or naked depository of personal property found in vehicle, §44-14-411.1…

Administration, Official Compilation of 313 the Rules and Regulations of the State of Georgia, Board of Corrections, Chapter 125-1. Departmental Operations, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Chapter 125-2. Institution…

(a) As used in this Code section, the term: (1) ‘‘Geodetic control monuments’’ means those survey monuments which are established by federal, state, local, and private agencies, the position of which monuments on the earth’s surface has been fixed by high-order surveying and comp…

Liens. Attachment of lien, §44-14-530. Damages, §44-14-530. Delivery of possessions, §44-14-530. Judicial sale. Proceeds, §44-14-530. Manner, §44-14-530. Trial, §44-14-530. Mortgages. Deceased mortgagee. Proceedings by personal representative, §44-14-181. Deceased mortgagor. Proc…

Anatomical gifts. Who may make gift of body or body part of decedent, §44-5-147. Who may make gift prior to donor’s death, §44-5-142. Blood donations. Persons over 17 years of age. Consent of guardian not required, §44-5-89. Gifts.

Anatomical gifts. Amendment of gift, §§44-5-144, 44-5-148. Falsification of document, §44-5-155.

Court ordered refunds from business associations. When presumed abandoned, §44-12-200. Dividends and distributions of business associations. When presumed abandoned, §44-12-201. Intangible interest in business associations. When presumed abandoned, §44-12-201. Property owners’ as…

General provisions, §§44-12-190 to 44-12-238. Estate defined, §44-1-4.

Affidavits. Foreclosure of liens on personalty, §44-14-550. Foreclosure of security interest on personal property. Before debt due, §44-14-239. Illegality, §44-14-241. Writ of possession, §44-14-231. Foreclosures of mortgages on personal property by magistrate’s court, §44-14-300…

Oysters and clams. Riparian rights in navigable tidewaters. Rights of owners of land adjacent to oysters and clams, §44-8-7. 996 INDEX FISHING —Cont’d Oysters and clams —Cont’d Riparian rights in nonnavigable tidewaters. Rights of adjoining landowners to oysters, clams and other …

Anything deposited on realty by wild animals, birds, and fish except wildlife as defined by Code Section 27-1-2 shall belong to the owner of the realty. Honey deposited in a tree by bees shall belong to the owner of the tree even if the bees were hived by another person. The eggs…

Ga. L. 1894, p. 90, § 3; Civil Code 1895, § 2700; Civil Code 1910, § 3233; Code 1933, § 28-304. 18-2-44. Property to be conveyed generally; description of property; attachment of list of creditors of assignor. (a) All assignments referred to in Code Section 18-2-42 shall convey a…

Absolute deeds and bills of sale to personalty may be recorded in the office of the clerk of the superior court of the county where the maker resides. Such record, being permissive and not compulsory, is not constructive or implied notice to anyone. This Code section shall not ap…

Reports. Exceptions to examiner’s report. Jury trials, §44-2-103. Final report, §44-2-102. Form, §44-2-231. Notice of examiner’s report, §44-2-103. Preliminary report, §44-2-101.

Proceedings brought by materialmen, mechanics, etc., §44-14-361.1. PARTITION, §§44-6-140 to 44-6-174. Condominiums. Common elements, §44-3-78. PARTITION —Cont’d Equitable partition, §§44-6-140 to 44-6-142. Circumstances rendering proceeding in equity suitable and just. When equit…

Compelling attendance, §44-2-103. Executors and administrators. Action by personal representative against heirs improperly appropriated land, §44-2-170. Cancellation of decedents’ certificates of title. Issuance of new certificate to personal representative, §44-2-130. Personal rep…

New trial upon issues submitted to jury, §44-2-103. Notice. Examiner’s report, §44-2-103. Hearing, §44-2-102. Oath, §44-2-100. Forms, §44-2-228. Petition for involuntary transfer. Referral to examiner, §44-2-173. Powers, §44-2-103. Preliminary report, §44-2-101. Form, §44-2-230. …

In any case, by consent of the parties or upon the order of the judge, the examiner may procure the services of a stenographer to report the testimony taken before him. The stenographer’s compensation, unless agreed on by the parties, shall be fixed by the judge and taxed as cost…

When the record of any deed or other recorded instrument or the certificate of record is lost or destroyed, the clerk of the superior court may rerecord the instrument and the certificate of record. The rerecording shall be as valid as the original recording and shall take effect…

Show cause hearing upon caveat objecting to entry, §44-2-134. Hindering, delaying or defrauding creditors. Entry of cancellations and transfers on register, §44-2-174. Index, §44-2-234. Judgment notation, §44-2-143. Form, §44-2-247. Obtaining, §44-2-135. Lengthy description. Reco…

Every entry made in the register of decrees of title, in the title register, or upon the owner’s certificate under any of the provisions of this article shall be signed by the clerk and dated with the year, month, day, hour, and minute accurately stated. (Ga. L. 1917, p. 108, § 2…

Arising from improper execution, §44-2-123. Conclusive effect of registration. Entries, §44-2-122. Contempt. Cancellation of mortgage, lien, equity or lis pendens. Compelling holder to surrender for cancellation, §44-2-136. Compelling production of owner’s certificate for registra…

County governing authority to furnish clerk, §44-2-253. Filing papers relating to registered lands. Method, §44-2-253. Fraudulent acts by office of clerk personnel, §44-2-44. Liabilities, §44-2-122. New certificates of title. Duty to enter all entries and notations, §44-2-235. Per…

Grantor’s right to reconvey. Effect of liens against, §44-14-66. Limitation of actions. Acceleration of maturity of indebtedness. Withdrawal of foreclosure proceedings after. Effect on running of statute, §44-14-85. Lost, stolen or otherwise mislaid security deeds. Cancellation, …

Every voluntary or involuntary transaction which if recorded, filed, or entered in any clerk’s office would affect unregistered land shall, if duly registered on the title register, be notice to all persons from the time of such registration and shall operate in accordance with l…

Issuance of writ, §44-6-163. Personal property. Foreclosure of security interest on personal property. Order to turn over property to sheriff, §44-14-233. Private ways. Removal of obstructions, §44-9-59. Show cause orders, §44-9-43. 1089 INDEX OYSTERS AND CLAMS —Cont’d Riparian r…

Possession by husband with wife presumptively possession of husband, §44-5-169. Remainders and reversions. Marriage of widow. Validity of limitations over, §44-6-68. HVAC SYSTEMS. Condominiums. Insurance coverage required, §44-3-107. I IDENTIFICATION CARDS. Anatomical gifts. Meth…

Whenever an owner’s certificate of title is lost or destroyed, the owner or his personal representative may petition the court for the issuance of a duplicate. Notice of the petition shall be published once a week for four successive weeks in the newspaper in which the sheriff’s …

When physical division of property inequitable. Sale of lands. Failure of commissioners to pay money into court, §44-6-168. CONTINGENT REMAINDERS. Distinguished from vested remainder, §44-6-61. Expansion of class. Jurisdiction of judge of superior court, §44-6-90. 943 INDEX CONTR…

In order to cause notations of judgments, liens, encumbrances, or special rights of any kind, other than voluntary transactions, claimed by any person against registered land to be made, the person desiring the notation shall, by himself, his agent, or his attorney, file, upon a …

Acknowledgment. Form, §44-2-224. 1042 INDEX LAND REGISTRATION —Cont’d Service of process —Cont’d Cancellation of mortgage, lien, equity or lis pendens. Petition for involuntary cancellation and rule nisi for refusal to authorize cancellation, §44-2-136. Conclusive effect of evide…

Registration of transactions affecting as notice, §44-2-128. Validity of transfers of title by last registered owner, §44-2-141. Venue. Hearing on petition to have title by descent declared, §44-2-131. Voluntary transactions. Registering of land held in trust or otherwise restric…

Deceiving as to existence, §44-14-12. Life estates. Removal of personalty beyond state by life tenant by fraud. Forfeiture of interest, §44-6-89. Mortgages. Wrongful sale or removal of mortgaged property. Property subject to mortgage deed to personal property, §44-14-6. FRAUD AND…

Reserved. Repealed by Ga. L. 1989, p. 563, § 1, effective April 3, 1989. Editor’s notes. — This Code section was based on Ga. L. 1917, p. 108, § 64; Code 1933, § 60-421. 44-2-140. Availability of prescription or adverse possession against registered land.

(a) Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must be attested or acknowledged as provided by law. However, nothing 64 44-2-14 in this Code section shall dispense with another…

Notice of instrument creating lien. Effect on prescription, §44-5-176. Mental illness. Effect of disabilities on commencement of prescription, §44-5-170. Intervening disability, §44-5-171. Removal of disabilities. Tacking prior possession to subsequent possession, §44-5-171. Mine…

Any person who has any interest in registered land and whose name has been changed by marriage or other cause may, by petition to the judge of the court and upon proof of the facts, obtain an order directing the clerk to note the change of name upon the title register and upon th…

Judgments against assurance fund. Liability of other defendants to fund. Enforcement of lien of judgment, §44-2-195. Notation of lien or encumbrance on certificate of title, §44-2-126. Registered encumbrances, rights and adverse claims, §44-2-127. Notation on title register, §44-2…

Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the …

If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section 44-2-15, that fact, certified on the deed by such officer, shall entitle it to be recorded. (Laws 1785, Cobb’s 1851 Digest, p. 164; Laws 1827,…

Declaration of title by descent upon petition, §44-2-131. Transfers of title by last registered owner. Validity, §44-2-141. Transfers to secure debt, §44-2-166. Form, §44-2-241. Portion or undivided interest, §44-2-243. Trust breached by registered owner.

The owner or owners of a tract of land embraced in a certificate may divide it into smaller tracts and, upon surrender of his or their owner’s certificate, cause separate certificates to be issued for the respective smaller tracts. The procedure in such cases shall be for the own…

Assignment or negotiation, §44-2-164. Cancellation.

Form, §44-2-249. Form, §44-2-242. Cancellation, §44-2-249. Indorsement form, §44-2-242. Notation of lengthy description on creditor’s certificate, §44-2-239. Sale by holder, §44-2-165. Notation and registration, §44-2-163. Sale by holder of creditor’s certificate, §44-2-165. Transf…

Nothing in this article shall prevent the owner of land from transferring his registered title as security for debt or from causing the title to be registered in the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and…

Liens. Articles furnished to sawmills, §44-14-515. Depositories’ liens, §44-14-401.

Reserved. Repealed by Ga. L. 1989, p. 563, § 7, effective April 3, 1989. Editor’s notes. — This Code section was based on Ga. L. 1917, p. 108, § 42, and Code 1933, § 60-508. 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of h…