Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 1. In General

44-6-122. Accounting between cotenants for unequal share of rents or profits; priority of claim over certain liens.

Active

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

If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other cotenant. The claim for such indebtedness shall be superior to liens held by third persons which have been placed on the interest of the cotenant by the tenant in possession who received the unequal share of the rents and profits.

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.

Civil Code 1895, § 3147; Civil Code 1910, § 3727; Code 1933, § 85-1004.

For article discussing several aspects of joint tenancy with right of survivorship, see 16 Ga. St. B.J. 54 (1979).

History of Code section.: This Code section is derived from the decisions in Shiels v. Stark, 14 Ga. 429 (1853); Huff v. McDonald, 22 Ga. 131 (1856) and Hill v. Reeves, 57 Ga. 32 (1876).

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

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 703; merge action: annotated; file SHA-256 490191d3dc54.