Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 3. COVENANTS AND WARRANTIES

44-5-59. Covenant running with the land between property owner and third party.

Active

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

Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property’s owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and a third party agree to such covenant, the property is adequately described in such covenant, and such covenant does not run for more than 20 years.

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

Code 1981, § 44-5-59, enacted by Ga. L. 2013, p. 776, § 1/HB 175.

Effective date

This Code section became effective July 1, 2013. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2013, p. 776, § 2/HB 175, not codified by the General Assembly, provides that this Code section shall apply to covenants recorded on or after July 1, 2013.

Law reviews

For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).

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 t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 99 to 100; merge action: added; file SHA-256 a165b4d6b81d.