Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS · Article 2. LAND REGISTRATION · Part 3. EXAMINERS

44-2-101. Referral of case to examiner; preliminary report; contents; time of filing.

Active

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

Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the title to the land from public records and all other evidence of a trustworthy nature that can reasonably be obtained by the examiner, which abstract shall contain:
(1)
Extracts from the records and other matters referred to therein which are complete enough to enable the court to decide the questions involved;#
(2)
A statement of the facts relating to the possession of the lands; and#
(3)
The names and addresses, so far as the examiner is able to ascertain, of all persons interested in the land as well as all adjoining owners showing their several apparent or possible interests and indicating upon whom and in what manner process should be served or notices given in accordance with this article.#
The preliminary report of the examiner shall be filed in the office of the clerk of the superior court on or before the return day of the court as stated in the process unless the time for filing the report is extended by the court.

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. 1917, p. 108, § 16; Code 1933, § 60-302; Ga. L. 1982, p. 3, § 44; Ga. L. 2011, p. 99, § 79/HB 24.

Amendments

The 2011 amendment, effective January 1, 2013, substituted “the examiner” for “him” near the end of the introductory paragraph and deleted the former last sentence of this Code section, which read: “The report shall be prima-facie evidence of the contents thereof.” See Editor’s notes for applicability.

Editor's notes

Ga. L. 2011, p. 99, § 101, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews

For article, “Evidence,” see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

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

Text read from t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 34 to 35; merge action: replaced; file SHA-256 a165b4d6b81d.

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