---
title: O.C.G.A. § 44-2-13. Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record.
collection: code
id: 44-2-13
cite_as: O.C.G.A. § 44-2-13 (2025)
canonical_url: https://georgiacommons.org/code/44-2-13
md_url: https://georgiacommons.org/code/44-2-13.md
text_url: https://georgiacommons.org/code/44-2-13/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=64
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS / RECORDING / Recording of Deeds and Other Real Property Transactions
---

# O.C.G.A. § 44-2-13. Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record.

(a) When the creation of a new county or a change in county lines causes land to be included in a different county than that in which it was situated at the time of the recording of a deed, mortgage, or other lien therein, any holder of such a deed, mortgage, or other lien may have such instrument rerecorded in the office of the clerk of the superior court of the county in which the land is newly situated. If the original of such deed, mortgage, or other lien is lost, a certified copy thereof from the record where the same was recorded may in like manner be rerecorded in the county in which the land affected is newly situated. Upon payment of the recording fees, it shall be the duty of the clerk of the superior court of the county where the instrument is rerecorded to cause the deed, mortgage, or other lien to be entered upon the proper records for such papers; and the clerk shall note on the record book the date of the original recording and the book and page or pages upon which the deed or mortgage or other lien was originally recorded.

(b) The rerecording of a deed, mortgage, or other lien pursuant to subsection (a) of this Code section shall not affect the validity of the original record as notice.

## History

Ga. L. 1908, p. 95, §§ 1, 2; Civil Code 1910, §§ 4200, 4201; Code 1933, §§ 29-403, 29-404.

## Cross References

Filing of survey and plat of county for which boundaries have been changed, § 36-3-5.