Georgia Commons

Title 44. PROPERTY

Chapter 6. ESTATES

84 sections · 44-6-1 to 44-6-207

Article 1. IN GENERAL

  1. 44-6-1Rule against perpetuities; exception for certain trusts for employees.Reserved
  2. 44-6-2Merger of lesser estate into greater.
  3. 44-6-3Lien on one’s own property; purchase of lien on own property and enforcement thereof.

Article 2. FEE SIMPLE ESTATES

  1. 44-6-20‘‘Absolute or fee simple estate’’ defined.
  2. 44-6-21Words necessary to create absolute estate; preference for construing as conveyance; maker’s intention controls; parol evidence.
  3. 44-6-22Creation of estate to commence in future; fee in abeyance; fee limited upon fee.
  4. 44-6-23Construction of words such as ‘‘heirs’’ or ‘‘heirs of body.’’
  5. 44-6-24Estates tail abolished; effect of limitations which would create estate tail by implication.
  6. 44-6-25Construction and effect of limitations over after death of first taker.

Article 3. ESTATES GRANTED UPON CONDITIONS

  1. 44-6-40Grant of estates upon conditions.
  2. 44-6-41Conditions precedent and subsequent distinguished; preferred construction and remedy.
  3. 44-6-42Right of entry after breach of condition subsequent.
  4. 44-6-43Certain conditions void.
  5. 44-6-44Effect of legal disabilities on conditions; notice of condition.

Article 4. REMAINDERS AND REVERSIONS

  1. 44-6-60Nature of estates in remainder and in reversion; rights of reversioner.
  2. 44-6-61Vested and contingent remainders distinguished.
  3. 44-6-62Effect of defeat of estate on remainder.
  4. 44-6-63Interest of heirs of remainderman.Repealed
  5. 44-6-64Creation of remainders by parol.
  6. 44-6-65Creation of remainder for persons not in being; vested remainder subject to open.
  7. 44-6-66Preference for vested remainders; construction of words of survivorship in wills.
  8. 44-6-67Effect of executor’s assent to legacy to life tenant on remainderman; possession at termination of life estate.
  9. 44-6-68Validity of limitations over upon marriage of widow.

Article 5. LIFE ESTATES

  1. 44-6-80Nature of life estates; estates during widowhood.
  2. 44-6-81Length of life estate.
  3. 44-6-82How and in what property life estate may be created.
  4. 44-6-83Rights and duties of life tenant; forfeiture of interest to remainderman.
  5. 44-6-84Ownership of increase of property.
  6. 44-6-85When life tenant entitled to emblements.
  7. 44-6-86Rights of lessee upon termination of life estate.
  8. 44-6-87Effect of purported sale of estate by life tenant.
  9. 44-6-88Demand for bond by purchaser of life estate in personalty; effect of failure to give bond.
  10. 44-6-89Removal of personalty beyond state by life tenant; forfeiture; restraint.
  11. 44-6-90Jurisdiction of judge of superior court as to life estates and contingent remainders.

Article 6. ESTATES FOR YEARS

  1. 44-6-100‘‘Estate for years’’ defined; estate for years in lands passes as realty.
  2. 44-6-101Estate for years distinguished from contract of hiring and from landlord and tenant relationship.
  3. 44-6-102‘‘Lease’’ defined; extent of interest; when mining interest passes.
  4. 44-6-103Tenant’s rights and duties; grounds of forfeiture.
  5. 44-6-104Right of tenant for years to emblements.
  6. 44-6-105Liability of tenant for years for repairs and expenses.
  7. 44-6-106Dependent and independent covenants or conditions.

Article 7. TENANCY IN COMMON · Part 1. In General

  1. 44-6-120‘‘Tenancy in common’’ defined; presumption of equality of shares; effect of inequality of shares on right of possession.
  2. 44-6-121Rights and liabilities of cotenants; accounting.
  3. 44-6-122Accounting between cotenants for unequal share of rents or profits; priority of claim over certain liens.
  4. 44-6-123Adverse possession against cotenant; action to recover possession.

Article 7. TENANCY IN COMMON · Part 2. Partition

  1. 44-6-140When equitable partition authorized.
  2. 44-6-141Molding of decree; discretion of court.
  3. 44-6-142Effect of decree on title.
  4. 44-6-160Grounds for partition; jurisdiction; contents of petition.
  5. 44-6-161Who may apply for partition.
  6. 44-6-162Notice of intention to apply for writ of partition.
  7. 44-6-163Issuance of writ of partition; appointment of partitioners.
  8. 44-6-164Appointment of surveyor; notice of time of execution of writ; oath of partitioners; principles governing partition; partitioner’s return.
  9. 44-6-165Objections and defenses to right of applicant, writ, or return; jury trial.
  10. 44-6-166Return of partitioners as judgment of court; conclusiveness; when second partition ordered; effect.
  11. 44-6-166.1Partition when physical division of property is inequitable.
  12. 44-6-167When sale of lands ordered; procedure; place of sale; notice.
  13. 44-6-168Commissioners’ return; distribution of proceeds; liability of commissioners for moneys received; contempt.
  14. 44-6-169Title to property sold; execution of deed of conveyance by commissioners.
  15. 44-6-170Treatment of extraordinary cases; denial of sale or partition.
  16. 44-6-171Setting aside judgment by parties under disability, absent, or not notified; time limitations; conclusiveness of judgment; effect of proceedings on bona fide purchaser.
  17. 44-6-172Partition of realty by life tenants — Effect on other parties; conditions.
  18. 44-6-173Partition of realty by life tenants — Appointment of guardians ad litem; service of notice of application; time for answer.
  19. 44-6-174Partition of realty by life tenants — Cumulative effect.
  20. 44-6-180Definitions.
  21. 44-6-181Application; determination of heirs property.
  22. 44-6-182Posting notice sign on property.
  23. 44-6-183Qualifications of partitioners.
  24. 44-6-184Appraisal of heirs property; other method to determine value; notice of value; required hearing.
  25. 44-6-185Partition by sale; purchase by party; buyouts; sale to others; notice and hearing.
  26. 44-6-186Partitions in kind.
  27. 44-6-187Open market sales; brokers and commissions; sealed bids or public sale.
  28. 44-6-188Obligation of brokers to court; reporting requirements.
  29. 44-6-189Uniformity among states.
  30. 44-6-189.1Construction with federal Electronic Signatures in Global and National Commerce Act.

Article 8. JOINT TENANCY WITH SURVIVORSHIP

  1. 44-6-190Creating joint tenancy with survivorship; severance; effect of Code section on other laws.

Article 9. UNIFORM STATUTORY RULE AGAINST PERPETUITIES

  1. 44-6-200Short title.
  2. 44-6-201Validity of nonvested property interest or power of appointment.
  3. 44-6-202Time of creation of nonvested property interest or power of appointment.
  4. 44-6-203Reform of disposition by court to approximate transferor’s plan of distribution.
  5. 44-6-204Exceptions to applicability of article.
  6. 44-6-205Applicability of article; court reform of nonvested dispositions created before article became effective.
  7. 44-6-206Application and construction of article.
  8. 44-6-207Definitions.