---
title: O.C.G.A. § 44-5-59. Covenant running with the land between property owner and third party.
collection: code
id: 44-5-59
cite_as: O.C.G.A. § 44-5-59 (2025)
canonical_url: https://georgiacommons.org/code/44-5-59
md_url: https://georgiacommons.org/code/44-5-59.md
text_url: https://georgiacommons.org/code/44-5-59/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-pdf.pdf?sfvrsn=6890e72d_0#page=99
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.
up: https://georgiacommons.org/code/44-5.md
previous: https://georgiacommons.org/code/44-5-48.md
next: https://georgiacommons.org/code/44-5-60.md
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 / ACQUISITION AND LOSS OF PROPERTY / COVENANTS AND WARRANTIES
---

# O.C.G.A. § 44-5-59. Covenant running with the land between property owner and third party.

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.

## History

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

## 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).

## Effective Date

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