Georgia Commons

Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 3. EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY · Article 3. QUIA TIMET · Part 2. QUIA TIMET AGAINST ALL THE WORLD

23-3-62. Venue; contents, verification and filing of petition; filing in lis pendens docket.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated.#

  2. (b)

    The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner’s interest in the land, a statement as to whether the interest is based upon a written instrument (whether same be a contract, deed, will, or otherwise) or adverse possession or both, a description of all adverse claims of which petitioner has actual or constructive notice, the names and addresses, so far as known to the petitioner, of any possible adverse claimant, and, if the proceeding is brought to remove a particular cloud or clouds, a statement as to the grounds upon which it is sought to remove the cloud or clouds.#

  3. (c)

    With the petition there shall be filed (1) a plat of survey of the land, (2) a copy of the immediate instrument or instruments, if any, upon which the petitioner’s interest is based, and (3) a copy of the immediate instrument or instruments of record or otherwise known to the petitioner, if any, upon which any person might base an interest in the land adverse to the petitioner.#

  4. (d)

    Upon the filing of the petition, the petitioner shall contemporaneously file with the clerk of the court a notice for record in the lis pendens docket pursuant to Code Sections 44-14-610 through 44-14-613.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1966, p. 443, § 2.

Law reviews

For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, pages 493 to 494; merge action: carried; file SHA-256 b3cf4ff62f2f.

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