Georgia Commons

Title 44. PROPERTY

Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS

161 sections · 44-2-1 to 44-2-253

Article 1. RECORDING · Part 1. Recording of Deeds and Other Real Property Transactions

  1. 44-2-1Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.
  2. 44-2-2Duty of clerk to record certain transaction affecting real estate and personal property; priority of recorded instruments; electronic filings; effect of incorrect tax parcel identification number; effect of recording on rights between parties to instruments.
  3. 44-2-3Voluntary deeds or conveyances of land; effect of recording.
  4. 44-2-4Protection of good faith purchases and liens without notice against unrecorded liens or conveyances.
  5. 44-2-5Recording execution and deed after sheriff’s sale.
  6. 44-2-6Recording bond for title, contracts, transfers, and assignments; priority as to subsequent deeds taken without notice from same vendor.
  7. 44-2-7Recording of surrender or satisfaction of bond for title.
  8. 44-2-8Recording of options to purchase land and assignments of such options; effect as notice.
  9. 44-2-9Recording leases, usufructs, and assignments thereof; effect as notice.
  10. 44-2-10Recording deeds and bills of sale to personalty; effect as notice.
  11. 44-2-11Recording copy of instrument recorded in other counties in which part of affected land is located in cases where original lost or destroyed.
  12. 44-2-12Rerecording lost or destroyed deeds and other instruments; validity.
  13. 44-2-13Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record.
  14. 44-2-14Requirements for recordation.
  15. 44-2-15Officers authorized to attest registrable instruments.
  16. 44-2-16Effect of acknowledgment subsequent to execution.
  17. 44-2-17Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument.
  18. 44-2-18Recording deed upon affidavit of subscribing witness; effect of substantial compliance.
  19. 44-2-19Recording deed on affidavit of third person.
  20. 44-2-20Recorded affidavits relating to land as notice of facts cited therein; filing and recording.
  21. 44-2-21Recording instrument executed out of state; attestation and acknowledgment; validity of attestation by officer who appears to have no jurisdiction to attest the instrument.
  22. 44-2-22Legal effect of good record title for 40 years.
  23. 44-2-23When deed serves as evidence; effect of affidavit alleging forgery.Reserved
  24. 44-2-24Withdrawal of affidavit of forgery upon loss of deed by affiant.
  25. 44-2-25Recording techniques; copies of plats.
  26. 44-2-26Recording of plat or copy of plat — When and where authorized; duty of clerk.
  27. 44-2-27Recording of plat — When deemed recorded.
  28. 44-2-28Recording of plat or copy of plat — Incorporation by reference.
  29. 44-2-29Recording of plat or copy of plat — Ratification of record made prior to statutory authorization; effect of incorporation by reference of plat prior to authorization.
  30. 44-2-30Filing and recording of notice of settlement.

Article 1. RECORDING · Part 2. Uniform Real Property Electronic Recording

  1. 44-2-35Short title.
  2. 44-2-36Definitions.
  3. 44-2-37Electronic documents treated as original; electronic signatures acceptable.
  4. 44-2-38Role of clerk of court.
  5. 44-2-39Adoption of rules and regulations; standardization.2 versions
  6. 44-2-39.1Promotion of uniformity.
  7. 44-2-39.2Construction with federal law.

Article 2. LAND REGISTRATION · Part 1. In General

  1. 44-2-40Short title.
  2. 44-2-41Definitions.
  3. 44-2-42Performance of clerk’s and sheriff’s duties by deputies; liability.
  4. 44-2-43Fraud, forgery, and theft in connection with registration of title to land; penalty.
  5. 44-2-44Fraudulent acts by office of clerk personnel; penalties.
  6. 44-2-45Fraud or false entries by sheriffs and deputies; penalties.
  7. 44-2-46Fraudulent acts and malpractice of examiners; penalty.
  8. 44-2-47Reduction of felonies under this article to misdemeanors.

Article 2. LAND REGISTRATION · Part 2. Proceedings to Register

  1. 44-2-60Jurisdiction of superior court over matters in this article.
  2. 44-2-61Proceedings to be in rem; operation of decree.
  3. 44-2-62Procedure as to actions for registration; persons under disability.
  4. 44-2-63Persons claiming less than fee; establishing title without registration.
  5. 44-2-64Petition — Verification; contents; description of land; surveys; amendments.
  6. 44-2-65Petition — Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract.
  7. 44-2-66Petition — Persons included as defendants.
  8. 44-2-67Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem.
  9. 44-2-68Appointment of resident agent for service on nonresident petitioner.
  10. 44-2-69Service upon state, county, or municipality.
  11. 44-2-70Waiver or acknowledgment of service.
  12. 44-2-71Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice.
  13. 44-2-72Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction.
  14. 44-2-73Effect of notice; appearances or pleadings as waiver of service, notice, and defects.
  15. 44-2-74Service on other persons found by examiner to be entitled to notice.
  16. 44-2-75Additional notice; judge’s discretion.
  17. 44-2-76Who may file objections or cross-action to petition.
  18. 44-2-77Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue.
  19. 44-2-78Dismissal without prejudice.
  20. 44-2-79Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts.
  21. 44-2-80Treatment of land pending registration; appearance of person acquiring interest in land pending registration.
  22. 44-2-81No default judgment or decree.
  23. 44-2-82Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel.
  24. 44-2-83Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund.
  25. 44-2-84Review by Court of Appeals.

Article 2. LAND REGISTRATION · Part 3. Examiners

  1. 44-2-100Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit.
  2. 44-2-101Referral of case to examiner; preliminary report; contents; time of filing.
  3. 44-2-102Hearing; final report; delay of hearing to add new parties; notice.
  4. 44-2-103Examiner’s powers; contents, filing, and notice of examiner’s report; right to jury trial, new trial, and appeal; recommitment to examiner after trial or reversal on appeal.
  5. 44-2-104Authority to inspect pertinent records.
  6. 44-2-105Appointment of stenographer; compensation.

Article 2. LAND REGISTRATION · Part 4. Registers and Registration

  1. 44-2-120Furnishing and maintaining register books; issuance of owner’s certificate of title.
  2. 44-2-121Signing and dating register entries and owners’ certificates.
  3. 44-2-122Clerk’s duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction.
  4. 44-2-123Clerk’s duty to ensure proper execution of voluntary transfer; liability for damage or loss arising from registration of improperly executed transfer.
  5. 44-2-124Performance of duties upon disqualification, death, or disability of clerk.
  6. 44-2-125When recordation other than registration not required; filing instruments; admissibility of certified copies and use as evidence; recordation procedure when instrument is not in short form.
  7. 44-2-126Notation of lien or encumbrance on certificate of title — In general.
  8. 44-2-127Notation of lien or encumbrance on certificate of title — Registered encumbrances, rights, and adverse claims.
  9. 44-2-128Registration of transactions affecting unregistered land as notice.
  10. 44-2-129Registration of involuntary transactions on court’s order; form.
  11. 44-2-130Cancellation of decedent’s certificate and issuance of new certificate to personal representative.
  12. 44-2-131Declaration of title by descent upon petition; service of petition and publication of notice; transfer of registered title and issuance of new certificates; rights of surviving spouse.
  13. 44-2-132Compelling production of owner’s certificate for registration of involuntary transfer; cancellation of certificate upon failure to produce it; notice of cancellation.
  14. 44-2-133Procedure for obtaining duplicate of lost owner’s certificate.
  15. 44-2-134Filing caveat objecting to entry in title register; show cause hearing upon caveat.
  16. 44-2-135Obtaining notations in title register.
  17. 44-2-136Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation.
  18. 44-2-137What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside.
  19. 44-2-138What limitations govern actions by injured party for fraud or negligence.
  20. 44-2-139Registration and title certificate to run with land.Repealed
  21. 44-2-140Availability of prescription or adverse possession against registered land.
  22. 44-2-141Rights, burdens, and incidents as to both registered and unregistered land; validity of transfers of title by last registered owner.
  23. 44-2-142Notation of change of name on register and certificate.
  24. 44-2-143Notation of liens and lis pendens on register; effect absent notation.
  25. 44-2-144Freeing land from further registration; certificates as conclusive source of title; notation of encumbrances; when land automatically freed; registered land free of further registration; exception.

Article 2. LAND REGISTRATION · Part 5. Conveyance, Transfer, and Descent

  1. 44-2-160Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land.
  2. 44-2-161Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates.
  3. 44-2-162Subdivision of registered land; procedure.
  4. 44-2-163Conveyance to secure debt; form; notation and registration; creditor’s certificate.
  5. 44-2-164Assignment or negotiation of creditor’s certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation.
  6. 44-2-165Sale by holder of creditor’s certificate; application for transfer to purchaser; opportunity to object to transfer; order of application of sale proceeds.
  7. 44-2-166Transfer to secure debt; notation of bond for title or to reconvey.
  8. 44-2-167Validity and priority of unrecorded transfers of owner’s certificate to registered lands.
  9. 44-2-168Descent of registered land as personalty.Repealed
  10. 44-2-169Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer.
  11. 44-2-170Right of personal representative to have registered land transferred to him where such land transferred to heirs before his appointment; action against heirs who have improperly appropriated land.
  12. 44-2-171Procedure for ascertaining, and transfer to, heirs or beneficiaries.
  13. 44-2-172Transfer by clerk pursuant to judgment; production of copy of decree and order.
  14. 44-2-173Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer.
  15. 44-2-174Attack on transfers made to hinder, delay, or defraud creditors; decree voiding such transfer; entry of cancellations and transfers on register and certificate.
  16. 44-2-175Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted.
  17. 44-2-176Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer.

Article 2. LAND REGISTRATION · Part 6. Assurance Fund

  1. 44-2-190Payment into assurance fund upon original registration; determination of amount.
  2. 44-2-191Separate account for assurance fund.
  3. 44-2-192Investment of fund; application of income; transfer of excess.
  4. 44-2-193Action against fund — Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons.
  5. 44-2-194Action against fund — Parties defendant.
  6. 44-2-195Action against fund — Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund.
  7. 44-2-196Action against fund — How judgments satisfied when fund insufficient; interest.
  8. 44-2-197Liability of fund for registered owner’s breach of trust.

Article 2. LAND REGISTRATION · Part 7. Fees

  1. 44-2-210Fees under article; deposit and payment of fees; award of costs.

Article 2. LAND REGISTRATION · Part 8. Forms

  1. 44-2-220Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms.
  2. 44-2-221Petition to register land.
  3. 44-2-222Process.
  4. 44-2-223Advertisement.
  5. 44-2-224Acknowledgment of service.
  6. 44-2-225Sheriff’s return.
  7. 44-2-226Certificate of mailing; entry of such certificate on petition.
  8. 44-2-227Examiner’s appointment.
  9. 44-2-228Oath of examiner.
  10. 44-2-229Referral to examiner.
  11. 44-2-230Preliminary report of examiner; schedules.
  12. 44-2-231Final report of examiner.
  13. 44-2-232Decrees of title.
  14. 44-2-233Book of decrees; index.
  15. 44-2-234Title register book; registered title number; index of title register.
  16. 44-2-235Duty of clerk to enter on new certificate all entries and notations of record.
  17. 44-2-236Certified copies of certificates of title or entries thereon.
  18. 44-2-237Recordation and notation of plat.
  19. 44-2-238Recordation of lengthy description — Reference on title register; effect.
  20. 44-2-239Recordation of lengthy description — Notation on owner’s or creditor’s certificate; attaching certified copy; fee.
  21. 44-2-240Owner’s certificate of title.
  22. 44-2-241Transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale.
  23. 44-2-242Creditor’s certificate; endorsement of certificate.
  24. 44-2-243Transfer of portion or undivided interest to secure debt.
  25. 44-2-244Judge’s order of transfer.
  26. 44-2-245Registration and recordation of mortgages.
  27. 44-2-246Notation of delinquent taxes or assessments.
  28. 44-2-247Notation of judgment.
  29. 44-2-248Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions.
  30. 44-2-249Cancellation of creditor’s certificate.
  31. 44-2-250Request to cancel entries.
  32. 44-2-251Registration and notation of other voluntary transactions.Repealed
  33. 44-2-252Updating entries and notations on owner’s certificate; clerk’s endorsement.
  34. 44-2-253Filing cases; method of filing papers relating to registered lands.