O.C.G.A. § 44-3-221 — GA Code / Title 44 / Chapter 3 / Section 44-3-221
Georgia Code Title 44. Property § 44-3-221
Status: reserved

As used in this article, the term:

(1) “Board of directors” or “board” means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association.

(1) “Board of directors” or “board” means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association.

(2) “Common area” means all real and personal property submitted to the declaration which is owned or leased by the association for common use and enjoyment of the members.

(2) “Common area” means all real and personal property submitted to the declaration which is owned or leased by the association for common use and enjoyment of the members.

(3) “Common expenses” means all expenditures lawfully made or incurred by or on behalf of the association together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the instrument.

(3) “Common expenses” means all expenditures lawfully made or incurred by or on behalf of the association together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the instrument.

(4) “Court” means the superior court of the county where the development or any part thereof is located.

(4) “Court” means the superior court of the county where the development or any part thereof is located.

(5) “Declarant” means all owners and lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase “owners and lessees,” as used in this article, shall not include in his or her capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of a lot, or any lessee or tenant of a lot. From the time of the recordation of any amendment to the declaration expanding an expandable property owners' development, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within the definition of “declarant.” Any successors-in-title of any owner or lessee referred to in this paragraph who comes to stand in the same relation to the property owners' development as his or her predecessor did shall also come within such definition.

(5) “Declarant” means all owners and lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase “owners and lessees,” as used in this article, shall not include in his or her capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of a lot, or any lessee or tenant of a lot. From the time of the recordation of any amendment to the declaration expanding an expandable property owners' development, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within the definition of “declarant.” Any successors-in-title of any owner or lessee referred to in this paragraph who comes to stand in the same relation to the property owners' development as his or her predecessor did shall also come within such definition.

(6) “Declaration” means the recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the property owners' development.

(6) “Declaration” means the recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the property owners' development.

(7) “Foreclosure” means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage.

(7) “Foreclosure” means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage.

(8) “Limited common areas” means a portion of the common area reserved for the exclusive use of those entitled to occupy one or more, but less than all, of the lots.

(8) “Limited common areas” means a portion of the common area reserved for the exclusive use of those entitled to occupy one or more, but less than all, of the lots.

(9) “ Lot ” means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners' development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 44-3-71 , shall be deemed a separate lot.

(9) “ Lot ” means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners' development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 44-3-71 , shall be deemed a separate lot.

(10) “Lot owner” means one or more persons who are record title owners of a lot.

(10) “Lot owner” means one or more persons who are record title owners of a lot.

(11) “Mortgage” means a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to property.

(11) “Mortgage” means a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to property.

(12) “Mortgagee” means the holder of a mortgage.

(12) “Mortgagee” means the holder of a mortgage.

(13) “Officer” means an officer of the association.

(13) “Officer” means an officer of the association.

(14) “Person” means a natural person, corporation, partnership, association, trust, other entity, or any combination thereof.

(14) “Person” means a natural person, corporation, partnership, association, trust, other entity, or any combination thereof.

(15) “Property” means any real property and any interest in real property, including, without limitation, parcels of air space.

(15) “Property” means any real property and any interest in real property, including, without limitation, parcels of air space.

(16) “Property owners' association” or “association” means a corporation formed for the purpose of exercising the powers of the property owners' association created pursuant to this article.

(16) “Property owners' association” or “association” means a corporation formed for the purpose of exercising the powers of the property owners' association created pursuant to this article.

(17) “Property owners' association instrument” or “instrument” means the declaration, plats, and plans recorded pursuant to this article. Any exhibit, schedule, or certification accompanying an instrument and recorded simultaneously therewith shall be deemed an integral part of that instrument. Any amendment or certification of any instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected instrument so long as such amendment or certification was made in accordance with this article.

(17) “Property owners' association instrument” or “instrument” means the declaration, plats, and plans recorded pursuant to this article. Any exhibit, schedule, or certification accompanying an instrument and recorded simultaneously therewith shall be deemed an integral part of that instrument. Any amendment or certification of any instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected instrument so long as such amendment or certification was made in accordance with this article.

(18) “Property owners' development” or “ development ” means real property which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article.

(18) “Property owners' development” or “ development ” means real property which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article.
O.C.G.A. § 44-3-225 — GA Code / Title 44 / Chapter 3 / Section 44-3-225
Georgia Code Title 44. Property § 44-3-225
Status: in_force

(a) To the extent that the instrument expressly so provides: (1) Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board; (2) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the lots or by the licensees or invitees of any such lot or lots shall be specially assessed against the lot or lots, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses; (3) Any common expenses significantly disproportionately benefiting all of the lots shall be assessed equitably among all of the lots in the development as determined by the board; and (4) Other than for limited common areas expressly designated as such in the instrument and assigned to fewer than all lots, nothing contained in paragraph (1) or (3) of this subsection shall permit an association to specially or disproportionately allocate common expenses for periodic maintenance, repair, and replacement of any portion of the common area or the lots which the association has the obligation to maintain, repair, or replace.

(a) To the extent that the instrument expressly so provides:

(1) Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board;

(1) Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board;

(2) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the lots or by the licensees or invitees of any such lot or lots shall be specially assessed against the lot or lots, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses;

(2) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the lots or by the licensees or invitees of any such lot or lots shall be specially assessed against the lot or lots, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses;

(3) Any common expenses significantly disproportionately benefiting all of the lots shall be assessed equitably among all of the lots in the development as determined by the board; and

(3) Any common expenses significantly disproportionately benefiting all of the lots shall be assessed equitably among all of the lots in the development as determined by the board; and

(4) Other than for limited common areas expressly designated as such in the instrument and assigned to fewer than all lots, nothing contained in paragraph (1) or (3) of this subsection shall permit an association to specially or disproportionately allocate common expenses for periodic maintenance, repair, and replacement of any portion of the common area or the lots which the association has the obligation to maintain, repair, or replace.

(4) Other than for limited common areas expressly designated as such in the instrument and assigned to fewer than all lots, nothing contained in paragraph (1) or (3) of this subsection shall permit an association to specially or disproportionately allocate common expenses for periodic maintenance, repair, and replacement of any portion of the common area or the lots which the association has the obligation to maintain, repair, or replace.

(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot.

(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot.

(c) Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232 , such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners' association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement.

(c) Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232 , such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners' association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement.

(d) In the event that the holder of a first priority mortgage or secondary purchase money mortgage of record, provided that neither the grantee nor any successor grantee on the secondary purchase money mortgage is the seller of the lot, or in the event that any other person acquires title to any lot as a result of foreclosure of any such mortgage, such holder or other person and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the lot be subject to any lien for assessments under this Code section or under any instrument chargeable to the lot on account of any period prior to the acquisition of title; provided, however, that the unpaid share of an assessment or assessments shall be deemed to be a common expense collectable from all of the lot owners, including such holder or other person and his or her successors, successors-in-title, and assigns.

(d) In the event that the holder of a first priority mortgage or secondary purchase money mortgage of record, provided that neither the grantee nor any successor grantee on the secondary purchase money mortgage is the seller of the lot, or in the event that any other person acquires title to any lot as a result of foreclosure of any such mortgage, such holder or other person and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the lot be subject to any lien for assessments under this Code section or under any instrument chargeable to the lot on account of any period prior to the acquisition of title; provided, however, that the unpaid share of an assessment or assessments shall be deemed to be a common expense collectable from all of the lot owners, including such holder or other person and his or her successors, successors-in-title, and assigns.
O.C.G.A. § 44-14-236 — GA Code / Title 44 / Chapter 14 / Section 44-14-236
Georgia Code Title 44. Property § 44-14-236
Status: in_force

Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231 , a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court pursuant to the writ of possession. At the option of the plaintiff, the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 of Title 11 or shall advertise and sell the same as in the case of levy and sale under execution.
O.C.G.A. § 44-12-233 — GA Code / Title 44 / Chapter 12 / Section 44-12-233
Georgia Code Title 44. Property § 44-12-233
Status: in_force

Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of said securities into the name of the commissioner.
O.C.G.A. § 44-5-112 — GA Code / Title 44 / Chapter 5 / Section 44-5-112
Georgia Code Title 44. Property § 44-5-112
Status: in_force

(a) This article applies to a transfer that refers to “The Georgia Transfers to Minors Act” in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.

(a) This article applies to a transfer that refers to “The Georgia Transfers to Minors Act” in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.

(b) A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(b) A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.

(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
O.C.G.A. § 44-5-3 — GA Code / Title 44 / Chapter 5 / Section 44-5-3
Georgia Code Title 44. Property § 44-5-3
Status: in_force

The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient.
O.C.G.A. § 44-14-400 — GA Code / Title 44 / Chapter 14 / Section 44-14-400
Georgia Code Title 44. Property § 44-14-400
Status: in_force

Pawnbrokers, factors, bailees, and acceptors shall have such liens as are designated in this part and in Part 5 of Article 3 of Chapter 12 of this title. Such liens shall be inferior to liens for taxes, liens of which such persons had actual notice before becoming creditors, special liens for rent, liens of laborers, liens or mortgages duly recorded, judgment liens, and other general liens reduced to execution and levied on.
O.C.G.A. § 44-13-12 — GA Code / Title 44 / Chapter 13 / Section 44-13-12
Georgia Code Title 44. Property § 44-13-12
Status: in_force

Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind or to dispute the valuation of the personalty, the propriety of the survey, or the value of the premises so platted as the exempted real property, he shall specify his objections in writing at the time and place appointed for the hearing.
O.C.G.A. § 44-5-37 — GA Code / Title 44 / Chapter 5 / Section 44-5-37
Georgia Code Title 44. Property § 44-5-37
Status: in_force

The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds.
O.C.G.A. § 44-12-285 — GA Code / Title 44 / Chapter 12 / Section 44-12-285
Georgia Code Title 44. Property § 44-12-285
Status: in_force

The council shall make an annual report of its activities to the Governor.
O.C.G.A. § 44-5-63 — GA Code / Title 44 / Chapter 5 / Section 44-5-63
Georgia Code Title 44. Property § 44-5-63
Status: in_force

In a deed, a general warranty of title against the claims of all persons covers defects in the title even if they are known to the purchaser at the time he takes the deed.
O.C.G.A. § 44-14-462 — GA Code / Title 44 / Chapter 14 / Section 44-14-462
Georgia Code Title 44. Property § 44-14-462
Status: in_force

A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the same manner.
O.C.G.A. § 44-14-1 — GA Code / Title 44 / Chapter 14 / Section 44-14-1
Georgia Code Title 44. Property § 44-14-1
Status: in_force

(a) As used in this Code section, the term “original party” means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term “original party,” as used in this Code section, shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or this state, into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be converted.

(a) As used in this Code section, the term “original party” means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term “original party,” as used in this Code section, shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or this state, into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be converted.

(b) Except as provided in subsection (c) of this Code section, the operation of “open-end” clauses contained in real estate mortgages or deeds conveying realty as security for a debt, which clauses provide that, in addition to securing the debt named or described in the instrument, such instruments or the property thereby conveyed shall also secure any other debt or obligation that may be or become owing by the mortgagor or grantor, is limited to other debts or obligations arising ex contractu, as distinguished from those arising ex delicto, between the original parties to the security instrument.

(b) Except as provided in subsection (c) of this Code section, the operation of “open-end” clauses contained in real estate mortgages or deeds conveying realty as security for a debt, which clauses provide that, in addition to securing the debt named or described in the instrument, such instruments or the property thereby conveyed shall also secure any other debt or obligation that may be or become owing by the mortgagor or grantor, is limited to other debts or obligations arising ex contractu, as distinguished from those arising ex delicto, between the original parties to the security instrument.

(c) A transferee or assignee of an original party to a home equity line of credit agreement or contract who makes additional advances or disbursements on a home equity line of credit shall have the benefit of the security under the deed if the disbursements, made after the assignment, were authorized by the original parties to the home equity line of credit agreement or contract.

(c) A transferee or assignee of an original party to a home equity line of credit agreement or contract who makes additional advances or disbursements on a home equity line of credit shall have the benefit of the security under the deed if the disbursements, made after the assignment, were authorized by the original parties to the home equity line of credit agreement or contract.
O.C.G.A. § 44-9-45 — GA Code / Title 44 / Chapter 9 / Section 44-9-45
Georgia Code Title 44. Property § 44-9-45
Status: in_force

Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of the private way; and the title thereto shall revert to the owner of the property over which the private way was condemned or his successors in title.
O.C.G.A. § 44-13-108 — GA Code / Title 44 / Chapter 13 / Section 44-13-108
Georgia Code Title 44. Property § 44-13-108
Status: in_force

Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use.
O.C.G.A. § 44-14-407 — GA Code / Title 44 / Chapter 14 / Section 44-14-407
Georgia Code Title 44. Property § 44-14-407
Status: in_force

(a) In addition to the method provided in Code Section 44-14-406 , every livery stable keeper may assert the lien on stock placed in his care for keeping by writing a statement of the amount due him for the care of the stock and a description of the stock on which the lien is claimed, by making affidavit thereto, and by recording the writing and affidavit in the office of the clerk of the superior court of the county where the service was rendered.

(a) In addition to the method provided in Code Section 44-14-406 , every livery stable keeper may assert the lien on stock placed in his care for keeping by writing a statement of the amount due him for the care of the stock and a description of the stock on which the lien is claimed, by making affidavit thereto, and by recording the writing and affidavit in the office of the clerk of the superior court of the county where the service was rendered.

(b) When the lien provided for in subsection (a) of this Code section is so recorded, it shall have the same dignity and effect as is given by law to the lien of livery stable keepers where they retain possession of the stock placed in their keeping. The lien shall be recorded while the property is in the possession of the livery stable keeper, as mortgages on personalty are required to be recorded; and such liens may be foreclosed as mortgages on personalty are foreclosed.

(b) When the lien provided for in subsection (a) of this Code section is so recorded, it shall have the same dignity and effect as is given by law to the lien of livery stable keepers where they retain possession of the stock placed in their keeping. The lien shall be recorded while the property is in the possession of the livery stable keeper, as mortgages on personalty are required to be recorded; and such liens may be foreclosed as mortgages on personalty are foreclosed.
O.C.G.A. § 44-13-8 — GA Code / Title 44 / Chapter 13 / Section 44-13-8
Georgia Code Title 44. Property § 44-13-8
Status: in_force

In addition to the notice by publication required to be given by Code Section 44-13-7 , the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be given at least five days before the hearing and shall be served personally or by leaving a copy at the residence or place of business of his creditor; and the fact that such notice has been given shall be verified by oath of the applicant or his agent. The applicant shall also notify creditors residing outside of the county of his application by preparing written notices of his application and the day of hearing, which notices shall be delivered by him to the judge of the probate court together with stamped envelopes and, if the residence of the creditors shall be known to the petitioner, shall be directed by the judge and mailed to the persons residing out of the county at least 15 days before the day of the hearing.
O.C.G.A. § 44-13-19 — GA Code / Title 44 / Chapter 13 / Section 44-13-19
Georgia Code Title 44. Property § 44-13-19
Status: in_force

Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such judge the cost of the proceedings, including the clerk's cost for recording the same. The applicant shall be bound for such costs if the judge approves the application. If any person filing objections to the schedule or plat fails to have the same sustained, he shall pay the cost of the proceedings.
O.C.G.A. § 44-11-4 — GA Code / Title 44 / Chapter 11 / Section 44-11-4
Georgia Code Title 44. Property § 44-11-4
Status: in_force

When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for the premises or for mesne profits.
O.C.G.A. § 44-12-194 — GA Code / Title 44 / Chapter 12 / Section 44-12-194
Georgia Code Title 44. Property § 44-12-194
Status: in_force

Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section 44-12-193 are satisfied and:

(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;

(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that: (A) The last known address of the person entitled to the property is in this state; or (B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;

(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:

(A) The last known address of the person entitled to the property is in this state; or

(A) The last known address of the person entitled to the property is in this state; or

(B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;

(B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;

(4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;

(4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;

(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or

(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or

(6) The transaction out of which the property arose occurred in this state and: (A) The last known address of the apparent owner or other person entitled to the property is unknown; or (B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and (C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

(6) The transaction out of which the property arose occurred in this state and:

(A) The last known address of the apparent owner or other person entitled to the property is unknown; or

(A) The last known address of the apparent owner or other person entitled to the property is unknown; or

(B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

(B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

(C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

(C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
O.C.G.A. § 44-5-172 — GA Code / Title 44 / Chapter 5 / Section 44-5-172
Georgia Code Title 44. Property § 44-5-172
Status: in_force

An inchoate prescriptive title may be transferred by a person in possession to his successor so that successive possessions may be tacked to make out the prescription.
O.C.G.A. § 44-6-172 — GA Code / Title 44 / Chapter 6 / Section 44-6-172
Georgia Code Title 44. Property § 44-6-172
Status: in_force

In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime with remainder or reversion to others, such life tenant may compel a partition pursuant to the partition laws of this state which may, upon a proper judgment of the superior court based upon an application therefor, bind all parties interested whether in possession, reversion, or remainder and whether or not those entitled to take are in being, provided the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding. No sale of the property may be made or had under such application for partition, and the terms of the grant or devise shall otherwise remain in full force and effect.
O.C.G.A. § 44-7-76 — GA Code / Title 44 / Chapter 7 / Section 44-7-76
Georgia Code Title 44. Property § 44-7-76
Status: in_force

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with good security for a sum equal to the value of the property or the amount of the rent alleged to be due, whichever is less, to be estimated by the judge, for the delivery of the property at the time and place of sale if the property shall be found subject to such rent. Upon the approval of the bond by the judge, the tenant may convey, transfer, or remove his property without restriction.
O.C.G.A. § 44-7-11 — GA Code / Title 44 / Chapter 7 / Section 44-7-11
Georgia Code Title 44. Property § 44-7-11
Status: in_force

The tenant has no rights beyond the use of the land and tenements rented to him and such privileges as are necessary for the enjoyment of his use. He may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. He may use dead or fallen timber for firewood and the pasturage for his cattle.
O.C.G.A. § 44-2-4 — GA Code / Title 44 / Chapter 2 / Section 44-2-4
Georgia Code Title 44. Property § 44-2-4
Status: in_force

(a) All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person.

(a) All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person.

(b) All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant's interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants.

(b) All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant's interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants.
O.C.G.A. § 44-14-409 — GA Code / Title 44 / Chapter 14 / Section 44-14-409
Georgia Code Title 44. Property § 44-14-409
Status: in_force

The bailee for hire of labor and service shall have a special lien for his labor and services upon the thing bailed until he parts with possession; and, if he delivers up a part of the thing bailed, the lien shall attach to the remainder in his possession for the entire claim under the same contract.
O.C.G.A. § 44-2-35 — GA Code / Title 44 / Chapter 2 / Section 44-2-35
Georgia Code Title 44. Property § 44-2-35
Status: in_force

This part shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.”
O.C.G.A. § 44-6-203 — GA Code / Title 44 / Chapter 6 / Section 44-6-203
Georgia Code Title 44. Property § 44-6-203
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:

(1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201 ;

(1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201 ;

(2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation.

(3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation.
O.C.G.A. § 44-6-2 — GA Code / Title 44 / Chapter 6 / Section 44-6-2
Georgia Code Title 44. Property § 44-6-2
Status: in_force

If two estates in the same property shall unite in the same person in his individual capacity, the lesser estate shall be merged into the greater.
O.C.G.A. § 44-11-33 — GA Code / Title 44 / Chapter 11 / Section 44-11-33
Georgia Code Title 44. Property § 44-11-33
Status: in_force

If the jury, upon the trial provided for in Code Section 44-11-32 , finds for the plaintiff, the clerk of the court shall issue a writ of possession and a fi. fa. for the costs of the proceeding.
O.C.G.A. § 44-2-230 — GA Code / Title 44 / Chapter 2 / Section 44-2-230
Georgia Code Title 44. Property § 44-2-230
Status: in_force

The following is suggested as the general form of the preliminary report of an examiner:

--IN THE SUPERIOR COURT OF _____ COUNTY--

--STATE OF GEORGIA--

)

In re petition

)

Civil action

of _____________

)

File no. _______

)

--PRELIMINARY REPORT--

Application to register__________

__________ land having been duly considered, the undersigned, as examiner, makes the following preliminary report:

I have examined all records as required by the Land Registration Law.

I attach an abstract of the title (Schedule A) as shown on the public records and so far as obtainable from other trustworthy sources.

The names and addresses of all persons, so far as I have been able to ascertain, who have any interest in the land, are set out in Schedule B hereto, showing their several apparent or possible interests and indicating upon whom and in what manner service should be made. A like disclosure of all adjoining landowners is set out in Schedule C hereto.

I find the following to be a history of the possession __________

Special attention is called to the following matters: __________

This _____ day of _____, _____.

________________________________________

Examiner

--SCHEDULE A--

--(Attach examiner's full abstract)--

--SCHEDULE B--

Names and addresses of all persons having apparent or possible interests in the land, other than applicants, and indicating upon whom and in what manner further service, if any, should be made _______________

--SCHEDULE C--

Names and addresses of all adjoining owners: _______________
O.C.G.A. § 44-3-10 — GA Code / Title 44 / Chapter 3 / Section 44-3-10
Georgia Code Title 44. Property § 44-3-10
Status: in_force

Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser's agent the following:

(1) A copy of each item required in Code Section 44-3-3 ; and

(1) A copy of each item required in Code Section 44-3-3 ; and

(2) A copy of the sales agreement from each sale relating to the purchase of real property in a subdivision.

(2) A copy of the sales agreement from each sale relating to the purchase of real property in a subdivision.
O.C.G.A. § 44-15-8 — GA Code / Title 44 / Chapter 15 / Section 44-15-8
Georgia Code Title 44. Property § 44-15-8
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
O.C.G.A. § 44-7-9 — GA Code / Title 44 / Chapter 7 / Section 44-7-9
Georgia Code Title 44. Property § 44-7-9
Status: in_force

The tenant may not dispute his landlord's title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive act or taking any position whereby he expressly or impliedly recognizes his landlord's title, or while he is taking any position that is inconsistent with the position that the landlord's title is defective.
O.C.G.A. § 44-10-41 — GA Code / Title 44 / Chapter 10 / Section 44-10-41
Georgia Code Title 44. Property § 44-10-41
Status: in_force

The General Assembly finds and declares that:

(1) Ensuring permanent conservation of farmland is of vital importance to the state and the citizens of Georgia and essential in protecting Georgia's agricultural economy, the ecological benefits provided by agricultural lands and activities, the community character enhanced by agricultural landscapes, and food production in the state;

(1) Ensuring permanent conservation of farmland is of vital importance to the state and the citizens of Georgia and essential in protecting Georgia's agricultural economy, the ecological benefits provided by agricultural lands and activities, the community character enhanced by agricultural landscapes, and food production in the state;

(2) Creating the Georgia Farmland Conservation Fund Program will enable owners of farmland to voluntarily protect their farmland, facilitate the transition of farms under development pressure to next-generation farmers, increase the supply of locally grown food in this state, and facilitate utilization of federal and local funds to benefit Georgia's farmland; and

(2) Creating the Georgia Farmland Conservation Fund Program will enable owners of farmland to voluntarily protect their farmland, facilitate the transition of farms under development pressure to next-generation farmers, increase the supply of locally grown food in this state, and facilitate utilization of federal and local funds to benefit Georgia's farmland; and

(3) Utilizing nonprofit organizations, in addition to government entities, to hold agricultural conservation easements will provide substantial benefit to the state by allowing the state to maximize the availability of matching funds from federal programs designed to protect farmland and food production in the state and reduce the costs and burdens to the state associated with enforcing the terms of agricultural conservation easements.

(3) Utilizing nonprofit organizations, in addition to government entities, to hold agricultural conservation easements will provide substantial benefit to the state by allowing the state to maximize the availability of matching funds from federal programs designed to protect farmland and food production in the state and reduce the costs and burdens to the state associated with enforcing the terms of agricultural conservation easements.
O.C.G.A. § 44-2-72 — GA Code / Title 44 / Chapter 2 / Section 44-2-72
Georgia Code Title 44. Property § 44-2-72
Status: in_force

(a) A notice similar to the notice published as provided in Code Section 44-2-67 shall be delivered by the clerk to the sheriff of the county or to one of his lawful deputies; and the sheriff or his lawful deputy shall, within 30 days from the date the petition is filed, post the same upon the land in some conspicuous place. If there is more than one tract of land, the clerk shall furnish enough notices to the sheriff or his deputy to allow the posting of a notice upon each tract of land included in the petition.

(a) A notice similar to the notice published as provided in Code Section 44-2-67 shall be delivered by the clerk to the sheriff of the county or to one of his lawful deputies; and the sheriff or his lawful deputy shall, within 30 days from the date the petition is filed, post the same upon the land in some conspicuous place. If there is more than one tract of land, the clerk shall furnish enough notices to the sheriff or his deputy to allow the posting of a notice upon each tract of land included in the petition.

(b) If the land contains one or more dwelling houses or one or more buildings used as a place of business, the sheriff shall conspicuously post upon each house or building the notice provided for in subsection (a) of this Code section; and he shall state this in his return to the court.

(b) If the land contains one or more dwelling houses or one or more buildings used as a place of business, the sheriff shall conspicuously post upon each house or building the notice provided for in subsection (a) of this Code section; and he shall state this in his return to the court.

(c) Within 30 days from the date the petition is filed, the sheriff shall go upon the land and ascertain the identities of the occupants of the land. He shall make an official return to the court stating the name and post office address of each person over 14 years of age actually occupying the premises.

(c) Within 30 days from the date the petition is filed, the sheriff shall go upon the land and ascertain the identities of the occupants of the land. He shall make an official return to the court stating the name and post office address of each person over 14 years of age actually occupying the premises.

(d) After receiving the sheriff's return, the clerk shall send a copy of the petition and process by registered or certified mail or statutory overnight delivery to each person occupying the land or he may require the sheriff or his deputy to serve a copy of the petition and process upon such persons. The clerk shall make an entry if he has mailed the notices or, if the sheriff has made the service of process, the sheriff shall make the return.

(d) After receiving the sheriff's return, the clerk shall send a copy of the petition and process by registered or certified mail or statutory overnight delivery to each person occupying the land or he may require the sheriff or his deputy to serve a copy of the petition and process upon such persons. The clerk shall make an entry if he has mailed the notices or, if the sheriff has made the service of process, the sheriff shall make the return.

(e) After the sheriff or his deputy has entered upon the land, posted the notices provided for in subsections (a) and (b) of this Code section, and made his return to the court as provided in subsection (c) of this Code section, the land shall be deemed to have been seized and brought into the custody of the court for the purposes of this article; and the court's jurisdiction in rem and quasi in rem shall attach thereto for purposes of land registration proceedings under this article.

(e) After the sheriff or his deputy has entered upon the land, posted the notices provided for in subsections (a) and (b) of this Code section, and made his return to the court as provided in subsection (c) of this Code section, the land shall be deemed to have been seized and brought into the custody of the court for the purposes of this article; and the court's jurisdiction in rem and quasi in rem shall attach thereto for purposes of land registration proceedings under this article.

(f) The clerk shall attach to each owner's certificate of title a certified copy of the sheriff's return.

(f) The clerk shall attach to each owner's certificate of title a certified copy of the sheriff's return.
O.C.G.A. § 44-5-46 — GA Code / Title 44 / Chapter 5 / Section 44-5-46
Georgia Code Title 44. Property § 44-5-46
Status: in_force

If an original deed is lost, a copy may be established by the superior court of the county where the land is located; and when the copy is established, it shall have all the effect of the original.
O.C.G.A. § 44-3-222 — GA Code / Title 44 / Chapter 3 / Section 44-3-222
Georgia Code Title 44. Property § 44-3-222
Status: in_force

A property owners' development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235 . Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed. Any original declaration shall be duly executed by or on behalf of all of the owners of the submitted property. Any such amendment to an existing declaration shall be executed in accordance with the terms of the recorded declaration being amended thereby.
O.C.G.A. § 44-14-162-2 — GA Code / Title 44 / Chapter 14 / Section 44-14-162-2
Georgia Code Title 44. Property § 44-14-162.2
Status: in_force

(a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

(a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

(b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.

(b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.
O.C.G.A. § 44-3-94 — GA Code / Title 44 / Chapter 3 / Section 44-3-94
Georgia Code Title 44. Property § 44-3-94
Status: in_force

Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107 , the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $5,000.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section.
O.C.G.A. § 44-13-61 — GA Code / Title 44 / Chapter 13 / Section 44-13-61
Georgia Code Title 44. Property § 44-13-61
Status: in_force

At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as in cases of illegality.
O.C.G.A. § 44-14-450 — GA Code / Title 44 / Chapter 14 / Section 44-14-450
Georgia Code Title 44. Property § 44-14-450
Status: in_force

All persons, firms, or corporations engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles shall, for the agreed price or the reasonable value of their services in laundering, cleaning, tailoring, altering, repairing, or dyeing any goods, clothing, wearing apparel, shoes, carpets, rugs, or other similar articles, have a lien upon the articles laundered, cleaned, tailored, altered, repaired, or dyed, whether the work of laundering, cleaning, tailoring, altering, repairing, or dyeing the articles is performed by themselves or by their employees.
O.C.G.A. § 44-10-31 — GA Code / Title 44 / Chapter 10 / Section 44-10-31
Georgia Code Title 44. Property § 44-10-31
Status: in_force

Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances.
O.C.G.A. § 44-14-182 — GA Code / Title 44 / Chapter 14 / Section 44-14-182
Georgia Code Title 44. Property § 44-14-182
Status: in_force

An endorsement to order or in blank by the payee of a mortgage note gives the endorsee or the holder for value the right to foreclose the mortgage in his own name. A mortgage transferred without written assignment may be foreclosed in the name of the mortgagee bringing the action for the use of such assignee; and proceedings begun in the name of the transferee may be amended by making the mortgagee a party before or after the judgment.
O.C.G.A. § 44-14-124 — GA Code / Title 44 / Chapter 14 / Section 44-14-124
Georgia Code Title 44. Property § 44-14-124
Status: in_force

When the maker of the deed, after being directed so to do, fails to pay the sums demanded in the petition together with interest and costs as required by Code Section 44-14-120 and also fails to set up and sustain his or her defense against the enforcement of the rights of the trustee and the holders or owners of the bonds, notes, or debts secured by the deed, the court shall give judgment for the amounts which may be due under the deed to be levied on the real property covered thereby. Upon the trustees making and recording a deed reconveying the real property to the maker in the office of the clerk of the superior court of the county where the land is located, the court shall order the real property to be sold in the same manner and under the same regulations which govern sheriff's sales under execution; provided, however, that, if the deed is filed and recorded as provided by law, the judgment shall be a lien upon the real property which shall be superior to any claim or lien, except taxes, whatsoever arising or created subsequent to the date of the deed to the trustee.
O.C.G.A. § 44-14-321 — GA Code / Title 44 / Chapter 14 / Section 44-14-321
Georgia Code Title 44. Property § 44-14-321
Status: in_force

The judgment upon any evidence of debt given for the purchase money of land, where titles have not been made but bond for titles has been given, shall be a lien upon the land and the proceeds of the sale thereof and shall be prior to all other judgments, claims, liens, and encumbrances until the judgment shall be fully paid and satisfied.
O.C.G.A. § 44-2-253 — GA Code / Title 44 / Chapter 2 / Section 44-2-253
Georgia Code Title 44. Property § 44-2-253
Status: in_force

The county governing authority shall furnish the clerk with the necessary durable filing cases. He shall carefully number and file away all papers relating to and dealing with registered lands. All the papers relating to each registered title shall be filed together and separately from the papers relating to any other registered title, in such regular consecutive numerical arrangement as to make them easily accessible at all times.
O.C.G.A. § 44-12-132 — GA Code / Title 44 / Chapter 12 / Section 44-12-132
Georgia Code Title 44. Property § 44-12-132
Status: in_force

Every pawnbroker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale:

(1) The date of the transaction;

(1) The date of the transaction;

(2) The name of the person conducting the transaction;

(2) The name of the person conducting the transaction;

(3) The name, age, and address of the customer; a description of the general appearance of the customer; and the distinctive number from the customer's driver's license or other similar identification card;

(3) The name, age, and address of the customer; a description of the general appearance of the customer; and the distinctive number from the customer's driver's license or other similar identification card;

(4) An identification and description of the pledged or purchased goods, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon;

(4) An identification and description of the pledged or purchased goods, including, if reasonably available, the serial, model, or other number, and all identifying marks inscribed thereon;

(5) The number of the receipt or pawn ticket;

(5) The number of the receipt or pawn ticket;

(6) The price paid or the amount loaned;

(6) The price paid or the amount loaned;

(7) If payment is made by check, the number of the check issued for the purchase price or loan;

(7) If payment is made by check, the number of the check issued for the purchase price or loan;

(8) The maturity date of the transaction; and

(8) The maturity date of the transaction; and

(9) The signature of the customer.

(9) The signature of the customer.
O.C.G.A. § 44-14-122 — GA Code / Title 44 / Chapter 14 / Section 44-14-122
Georgia Code Title 44. Property § 44-14-122
Status: in_force

When the maker of the deed is dead, the proceedings to enforce the deed may be instituted against his executor or administrator.
O.C.G.A. § 44-2-241 — GA Code / Title 44 / Chapter 2 / Section 44-2-241
Georgia Code Title 44. Property § 44-2-241
Status: in_force

The following are prescribed as the regular forms of transfer, but other forms may be used in accordance with this article:

--TRANSFER OF WHOLE OF REGISTERED ESTATE--

In consideration of __________

the undersigned, __________

hereby transfers, sells, and conveys to _____ his entire right, title, estate, and interest in the tract of land described in the certificate of title No. _____, hereto attached, registered as Registered Title No._____ in the office of the clerk of the Superior Court of _____ County, Georgia.

This _____ day of _____, _____.

________________________________________

Signed, sealed, and delivered in the presence of:

_____

_____

--TRANSFER OF UNDIVIDED INTEREST IN REGISTERED ESTATE--

In consideration of _____, the undersigned, _____, hereby transfers, sells, and conveys to _____ an undivided _____ interest in the tract of land described in the certificate of title No._____ hereto attached, registered as Registered Title No._____ in the office of the clerk of the Superior Court of _____ County, Georgia.

This _____ day of _____, _____.

________________________________________

Signed, sealed, and delivered in the presence of:

_____

_____

--TRANSFER OF DIVIDED PORTION OF A REGISTERED ESTATE--

In consideration of _____, the undersigned hereby transfers, sells, and conveys to _____ his entire right, title, interest, and estate in and to the following lands: _____

_____,

being a divided portion of the tract of land described in the certificate of title No._____ hereto attached, registered as Registered Title No._____ in the office of the clerk of the Superior Court of _____ County, Georgia.

This _____ day of _____, _____.

________________________________________

Signed, sealed, and delivered in the presence of:

_____

_____

--TRANSFER TO SECURE DEBT, WITH POWER OF SALE--

To secure a debt payable to _____ in the sum of __________ evidenced as follows: _________________________ the undersigned hereby transfers, sells, and conveys to said __________ all the title of the undersigned in and to the tract of land described in the certificate of title No. _____, herewith shown, registered as Registered Title No._____ in the office of the clerk of the Superior Court of _____ County, Georgia, with power to sell the same after lawful advertisement, without foreclosure, in accordance with the provisions of the Land Registration Law, if any part of said debt is not paid at maturity.

This _____ day of _____, _____.

________________________________________

Signed, sealed, and delivered in the presence of:

_____

_____
O.C.G.A. § 44-6-160 — GA Code / Title 44 / Chapter 6 / Section 44-6-160
Georgia Code Title 44. Property § 44-6-160
Status: in_force

When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements shall be divided, any one of such common owners may apply by petition to the superior court of the county in which such lands and tenements are located for a writ of partition which shall set forth plainly and distinctly the facts and circumstances of the case, shall describe the premises to be partitioned, and shall define the share and interest of each of the parties therein. When the lands in question constitute a single tract situated in more than one county, the application may be made to the superior court of any of such counties.
O.C.G.A. § 44-10-27 — GA Code / Title 44 / Chapter 10 / Section 44-10-27
Georgia Code Title 44. Property § 44-10-27
Status: in_force

(a) After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site, or work of art within the historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.

(a) After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of the historic property or of a structure, site, or work of art within the historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.

(b) The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.

(b) The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation are exempt from this article. Local governments are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.
O.C.G.A. § 44-12-96 — GA Code / Title 44 / Chapter 12 / Section 44-12-96
Georgia Code Title 44. Property § 44-12-96
Status: in_force

One who holds a naked deposit is entitled to be reimbursed for all charges and expenses which he incurs by reason of the deposit, and he may retain possession of the deposit until such charges and expenses are paid.
O.C.G.A. § 44-5-175 — GA Code / Title 44 / Chapter 5 / Section 44-5-175
Georgia Code Title 44. Property § 44-5-175
Status: in_force

An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription.
O.C.G.A. § 44-5-14 — GA Code / Title 44 / Chapter 5 / Section 44-5-14
Georgia Code Title 44. Property § 44-5-14
Status: in_force

When the land is subject to entry and grant, 20 years' possession of land under a claim of right shall authorize the courts to presume a grant.
O.C.G.A. § 44-12-262 — GA Code / Title 44 / Chapter 12 / Section 44-12-262
Georgia Code Title 44. Property § 44-12-262
Status: in_force

(a) Upon the request of a known lineal descendant of the particular American Indian or, if a cultural affiliation is established between a particular American Indian tribe and particular human remains or burial objects, the request of the tribe, and pursuant to subsections (d) and (e) of this Code section, the museum shall expeditiously return such remains and objects. However, no human remains or burial objects shall be repatriated outside of the State of Georgia unless claimed by a known lineal descendant of the deceased person, as proved by clear and convincing evidence.

(a) Upon the request of a known lineal descendant of the particular American Indian or, if a cultural affiliation is established between a particular American Indian tribe and particular human remains or burial objects, the request of the tribe, and pursuant to subsections (d) and (e) of this Code section, the museum shall expeditiously return such remains and objects. However, no human remains or burial objects shall be repatriated outside of the State of Georgia unless claimed by a known lineal descendant of the deceased person, as proved by clear and convincing evidence.

(b) The return of human remains and burial objects covered by this part shall be in consultation with the requesting descendant or tribe to determine the place and manner of delivery of such items.

(b) The return of human remains and burial objects covered by this part shall be in consultation with the requesting descendant or tribe to determine the place and manner of delivery of such items.

(c) Where cultural affiliation between an American Indian tribe and human remains or burial objects has not been established in an inventory prepared pursuant to Code Section 44-12-261 , such American Indian tribe can establish cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archeological, anthropological, linguistic, folkloric, oral tradition, historical, or other relevant information or expert opinion.

(c) Where cultural affiliation between an American Indian tribe and human remains or burial objects has not been established in an inventory prepared pursuant to Code Section 44-12-261 , such American Indian tribe can establish cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archeological, anthropological, linguistic, folkloric, oral tradition, historical, or other relevant information or expert opinion.

(d) If either a lineal descendant of the deceased person or an American Indian tribe culturally affiliated with human remains or burial objects requests the return of such American Indian human remains or burial objects, the museum shall expeditiously return such items unless such items are indispensable for the completion of a specific scientific study, the outcome of which would be of major benefit to the State of Georgia, as determined by the Secretary of State and the council. Such items shall be returned by no later than 120 days after the date on which scientific study is completed. If the Secretary of State and the council cannot agree on the benefit of the scientific study, then they shall each appoint one representative to serve on a committee created and convened for the sole purpose of resolving the issue. The Governor shall appoint a person to chair the committee. Such person may not be an employee of the Secretary of State or a member of the council. The chairperson may vote to break a tie.

(d) If either a lineal descendant of the deceased person or an American Indian tribe culturally affiliated with human remains or burial objects requests the return of such American Indian human remains or burial objects, the museum shall expeditiously return such items unless such items are indispensable for the completion of a specific scientific study, the outcome of which would be of major benefit to the State of Georgia, as determined by the Secretary of State and the council. Such items shall be returned by no later than 120 days after the date on which scientific study is completed. If the Secretary of State and the council cannot agree on the benefit of the scientific study, then they shall each appoint one representative to serve on a committee created and convened for the sole purpose of resolving the issue. The Governor shall appoint a person to chair the committee. Such person may not be an employee of the Secretary of State or a member of the council. The chairperson may vote to break a tie.

(e) When there are multiple requests for repatriation of any American Indian human remains or burial objects and after complying with the requirements of this part the museum cannot clearly determine which requesting party is the most appropriate claimant, the museum may retain such item until the requesting parties agree upon its disposition or the dispute is resolved pursuant to the provisions of this article or in a court of competent jurisdiction.

(e) When there are multiple requests for repatriation of any American Indian human remains or burial objects and after complying with the requirements of this part the museum cannot clearly determine which requesting party is the most appropriate claimant, the museum may retain such item until the requesting parties agree upon its disposition or the dispute is resolved pursuant to the provisions of this article or in a court of competent jurisdiction.

(f) Any museum which repatriates any American Indian human remains or burial objects in good faith pursuant to this part shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty or public trust.

(f) Any museum which repatriates any American Indian human remains or burial objects in good faith pursuant to this part shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty or public trust.

(g) Nothing in this Code section shall require private citizens to surrender artifact collections that do not contain burial objects.

(g) Nothing in this Code section shall require private citizens to surrender artifact collections that do not contain burial objects.
O.C.G.A. § 44-14-590 — GA Code / Title 44 / Chapter 14 / Section 44-14-590
Georgia Code Title 44. Property § 44-14-590
Status: in_force

A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Reform Act of 1978, P.L. 95-598 , codified at 11 U.S.C. Section 101, et seq., or of the decree of adjudication in the proceeding, or of the order approving the bond of the trustee appointed in the proceeding may be filed and recorded in the office of the clerk of the superior court of any county in the same manner as deeds are filed and recorded. It shall be the duty of the clerk to docket and index, under the name of the bankrupt, and record the certified copies of the petition, decree, or order filed for record in the same manner as deeds. Clerks shall be entitled to the same fees for docketing, indexing, and recording the copies of such petitions, decrees, or orders as for docketing, indexing, and recording deeds.
O.C.G.A. § 44-14-239 — GA Code / Title 44 / Chapter 14 / Section 44-14-239
Georgia Code Title 44. Property § 44-14-239
Status: in_force

Whenever a process of attachment may be legally brought against any person upon any debt or demand secured by a mortgage on personal property, or whenever the purchaser of mortgaged property is seeking to remove the property outside of the county, or when the defendant is seeking to dispose fraudulently or is fraudulently disposing of the mortgaged property and a disposal of the property will lessen the security, the creditor may foreclose his mortgage in the manner prescribed by law, except that the affidavit need not state that the debt or demand is due but shall state that the debtor has placed himself in one of the positions where a process of attachment could legally issue against him, or that the defendant is disposing or seeking to dispose of the mortgaged property and that a disposal of the property will lessen the security and shall state the amount of the debt or demand claimed and when the debt will be due.
O.C.G.A. § 44-2-142 — GA Code / Title 44 / Chapter 2 / Section 44-2-142
Georgia Code Title 44. Property § 44-2-142
Status: in_force

Any person who has any interest in registered land and whose name has been changed by marriage or other cause may, by petition to the judge of the court and upon proof of the facts, obtain an order directing the clerk to note the change of name upon the title register and upon the owner's certificate upon its being produced.
O.C.G.A. § 44-12-284 — GA Code / Title 44 / Chapter 12 / Section 44-12-284
Georgia Code Title 44. Property § 44-12-284
Status: in_force

The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this part and to contract for such services as may be necessary to enable the council to carry out its responsibilities.
O.C.G.A. § 44-2-228 — GA Code / Title 44 / Chapter 2 / Section 44-2-228
Georgia Code Title 44. Property § 44-2-228
Status: in_force

The examiner is required to take the following oath, to be filed along with the order of his appointment in the office of the clerk of the superior court of his residence:

“I, _____, do swear that I will faithfully, well, and truly perform the duties of examiner under the Land Registration Law, according to law to the best of my skill and ability.

________________________________________

Sworn to and subscribed

before me, this _____, _____, _____”
O.C.G.A. § 44-14-241 — GA Code / Title 44 / Chapter 14 / Section 44-14-241
Georgia Code Title 44. Property § 44-14-241
Status: in_force

After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail himself of any defense that he could have set up in an ordinary action upon the demand secured by the mortgage and may show that he is not justly indebted to the plaintiff in the sum claimed in the affidavit of foreclosure. The subsequent proceedings, as to the giving of bond and the trial of the issue made in the case, shall be conducted in the manner prescribed by Code Section 44-14-233 .
O.C.G.A. § 44-14-265 — GA Code / Title 44 / Chapter 14 / Section 44-14-265
Georgia Code Title 44. Property § 44-14-265
Status: in_force

When an immediate writ of possession has been granted, a copy of the petition, the affidavits, the waiver or bond, and the order shall be served in any manner provided in Code Section 44-14-232 as if the petition were one filed under Code Section 44-14-231 .
O.C.G.A. § 44-10-2 — GA Code / Title 44 / Chapter 10 / Section 44-10-2
Georgia Code Title 44. Property § 44-10-2
Status: in_force

As used in this article, the term:

(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.

(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.

(2) “Holder” means: (A) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or (B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.

(2) “Holder” means:

(A) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

(A) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

(B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.

(B) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property; assuring the availability of real property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.

(3) “Third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

(3) “Third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
O.C.G.A. § 44-5-133 — GA Code / Title 44 / Chapter 5 / Section 44-5-133
Georgia Code Title 44. Property § 44-5-133
Status: in_force

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
O.C.G.A. § 44-14-347 — GA Code / Title 44 / Chapter 14 / Section 44-14-347
Georgia Code Title 44. Property § 44-14-347
Status: in_force

Any person who buys any corn or any cotton in the seed from tenants or laborers residing on the land of another as such or from the agent of such tenant or laborer when such tenant or laborer had no right to sell such corn or cotton and after notice of such disability to sell has been given in writing by the landlord or employer to such buyer shall be guilty of a misdemeanor.
O.C.G.A. § 44-12-23 — GA Code / Title 44 / Chapter 12 / Section 44-12-23
Georgia Code Title 44. Property § 44-12-23
Status: in_force

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor.
O.C.G.A. § 44-13-81 — GA Code / Title 44 / Chapter 13 / Section 44-13-81
Georgia Code Title 44. Property § 44-13-81
Status: in_force

Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person has and is the owner of personal property in excess of that to which he is entitled to have as exempt, the excess shall be delivered by the judge of the probate court to a receiver who shall dispose of the excess for the benefit of the creditors of the applicant.
O.C.G.A. § 44-12-116 — GA Code / Title 44 / Chapter 12 / Section 44-12-116
Georgia Code Title 44. Property § 44-12-116
Status: in_force

The lender may not revoke a loan which is made for a definite time so long as the borrower meets fully his engagements with respect to such loan. A loan at will or a loan made for an indefinite time may be revoked at any time.
O.C.G.A. § 44-5-11 — GA Code / Title 44 / Chapter 5 / Section 44-5-11
Georgia Code Title 44. Property § 44-5-11
Status: in_force

Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on the ground:

(1) That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity with him;

(1) That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity with him;

(2) Of collusion between the grantee and the officers of the state; or

(2) Of collusion between the grantee and the officers of the state; or

(3) Of fraud, accident, or mistake by the officers of the state, which fraud, accident, or mistake was known to the grantee.

(3) Of fraud, accident, or mistake by the officers of the state, which fraud, accident, or mistake was known to the grantee.
O.C.G.A. § 44-2-141 — GA Code / Title 44 / Chapter 2 / Section 44-2-141
Georgia Code Title 44. Property § 44-2-141
Status: in_force

Except as otherwise specifically provided by this article, registered land and ownership therein shall be subject to the same rights, burdens, and incidents as unregistered land and may be dealt with by the owner and shall be subject to the jurisdiction of the courts in the same manner as if it had not been registered. Transfers of title made by the last registered owner as shown by the title register or said owner's representatives, heirs, or assigns and recorded in the deed records in the office of the clerk of superior court of the county in which the land is situated shall be valid transfers of title to the land so described.
O.C.G.A. § 44-7-73 — GA Code / Title 44 / Chapter 7 / Section 44-7-73
Georgia Code Title 44. Property § 44-7-73
Status: in_force

In an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-72 , all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be a complete defense to the action.
O.C.G.A. § 44-7-100 — GA Code / Title 44 / Chapter 7 / Section 44-7-100
Georgia Code Title 44. Property § 44-7-100
Status: in_force

Where a person is employed to work for part of the crop, the relationship of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner of the land.
O.C.G.A. § 44-4-30 — GA Code / Title 44 / Chapter 4 / Section 44-4-30
Georgia Code Title 44. Property § 44-4-30
Status: in_force

(a) The use of the term “ Georgia State Plane Coordinate System ” on any map, report of survey, legal description, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate System as defined by this article.

(a) The use of the term “ Georgia State Plane Coordinate System ” on any map, report of survey, legal description, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate System as defined by this article.

(b) The provisions of this article shall not be construed to prohibit the appropriate use of other geodetic reference networks.

(b) The provisions of this article shall not be construed to prohibit the appropriate use of other geodetic reference networks.
O.C.G.A. § 44-12-235 — GA Code / Title 44 / Chapter 12 / Section 44-12-235
Georgia Code Title 44. Property § 44-12-235
Status: in_force

The commissioner may make necessary rules and regulations to carry out the provisions of this article.
O.C.G.A. § 44-10-23 — GA Code / Title 44 / Chapter 10 / Section 44-10-23
Georgia Code Title 44. Property § 44-10-23
Status: in_force

Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended in whole or in part such ordinances, shall not be required to comply with this article and are authorized to create and regulate historic districts, zones, or sites pursuant to their existing local historic preservation ordinances.
O.C.G.A. § 44-3-228 — GA Code / Title 44 / Chapter 3 / Section 44-3-228
Georgia Code Title 44. Property § 44-3-228
Status: in_force

Unless the instrument or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument or bylaws specify a larger percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board.
O.C.G.A. § 44-14-34 — GA Code / Title 44 / Chapter 14 / Section 44-14-34
Georgia Code Title 44. Property § 44-14-34
Status: in_force

When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15 , and attested by one other witness.
O.C.G.A. § 44-12-95 — GA Code / Title 44 / Chapter 12 / Section 44-12-95
Georgia Code Title 44. Property § 44-12-95
Status: in_force

One who holds a naked deposit may not use such deposit without increasing his responsibility unless the use is necessary to preserve the deposit or, from the circumstances, the consent of the depositor may be reasonably presumed.
O.C.G.A. § 44-12-239-1 — GA Code / Title 44 / Chapter 12 / Section 44-12-239-1
Georgia Code Title 44. Property § 44-12-239.1
Status: in_force

<Section effective July 1, 2024.>

(a) The commissioner shall provide a registered claimant's designated representative with access to a downloadable or deliverable, searchable and sortable data base for all unclaimed accounts containing the following information, if provided by the holder: (1) Name of the apparent owner. If the property is from an insurance policy, the name of the insured and beneficiary, if applicable; (2) Last known address of the apparent owner. If the apparent owner is the insured under an insurance policy, the address of the beneficiary, if applicable; (3) Owner account relation utilized by the National Association of Unclaimed Property Administrators; (4) Amount of cash, if applicable; (5) For unliquidated securities or mutual funds account, the number of shares, the name of the issuer of the security or mutual funds account, and the Committee on Uniform Securities Identification Procedures number, if available; (6) For safe-deposit box contents, descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators; (7) Property type descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators; (8) Date of last activity; (9) Year property was reported to the commissioner; and (10) Holder's name and contact information.

(a) The commissioner shall provide a registered claimant's designated representative with access to a downloadable or deliverable, searchable and sortable data base for all unclaimed accounts containing the following information, if provided by the holder:

(1) Name of the apparent owner. If the property is from an insurance policy, the name of the insured and beneficiary, if applicable;

(1) Name of the apparent owner. If the property is from an insurance policy, the name of the insured and beneficiary, if applicable;

(2) Last known address of the apparent owner. If the apparent owner is the insured under an insurance policy, the address of the beneficiary, if applicable;

(2) Last known address of the apparent owner. If the apparent owner is the insured under an insurance policy, the address of the beneficiary, if applicable;

(3) Owner account relation utilized by the National Association of Unclaimed Property Administrators;

(3) Owner account relation utilized by the National Association of Unclaimed Property Administrators;

(4) Amount of cash, if applicable;

(4) Amount of cash, if applicable;

(5) For unliquidated securities or mutual funds account, the number of shares, the name of the issuer of the security or mutual funds account, and the Committee on Uniform Securities Identification Procedures number, if available;

(5) For unliquidated securities or mutual funds account, the number of shares, the name of the issuer of the security or mutual funds account, and the Committee on Uniform Securities Identification Procedures number, if available;

(6) For safe-deposit box contents, descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;

(6) For safe-deposit box contents, descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;

(7) Property type descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;

(7) Property type descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;

(8) Date of last activity;

(8) Date of last activity;

(9) Year property was reported to the commissioner; and

(9) Year property was reported to the commissioner; and

(10) Holder's name and contact information.

(10) Holder's name and contact information.

(b) A claimant's designated representative who receives unclaimed property information from the commissioner is prohibited from distributing such information except for the purpose of soliciting owners of unclaimed property to offer claim services. The commissioner may refer a suspected violation of this Code section to the Attorney General for prosecution.

(b) A claimant's designated representative who receives unclaimed property information from the commissioner is prohibited from distributing such information except for the purpose of soliciting owners of unclaimed property to offer claim services. The commissioner may refer a suspected violation of this Code section to the Attorney General for prosecution.

(c) Notwithstanding Code Section 44-12-225 , information identified in subsection (a) of this Code section shall not be deemed confidential to registered claimant's designated representatives.

(c) Notwithstanding Code Section 44-12-225 , information identified in subsection (a) of this Code section shall not be deemed confidential to registered claimant's designated representatives.
O.C.G.A. § 44-3-223 — GA Code / Title 44 / Chapter 3 / Section 44-3-223
Georgia Code Title 44. Property § 44-3-223
Status: in_force

Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners' association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.
O.C.G.A. § 44-12-227 — GA Code / Title 44 / Chapter 12 / Section 44-12-227
Georgia Code Title 44. Property § 44-12-227
Status: in_force

(a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00.

(a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00.

(b) A person, firm, or corporation who willfully fails to pay or deliver property to the commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.

(b) A person, firm, or corporation who willfully fails to pay or deliver property to the commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.

(c) A person, firm, or corporation who willfully refuses after written demand by the commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.

(c) A person, firm, or corporation who willfully refuses after written demand by the commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.
O.C.G.A. § 44-10-45 — GA Code / Title 44 / Chapter 10 / Section 44-10-45
Georgia Code Title 44. Property § 44-10-45
Status: in_force

In administering the program, the department shall, under the direction and advice of the council:

(1) Give priority to project proposals that protect agricultural lands susceptible to development, subdivision, and fragmentation;

(1) Give priority to project proposals that protect agricultural lands susceptible to development, subdivision, and fragmentation;

(2) Adopt a scoring process for evaluating project proposals and prioritizing projects based on the extent that the project will: (A) Protect farmland in active or planned cultivation; (B) Prevent development or fragmentation that would result in farmland loss; (C) Support transition of affordable farmland to next-generation farmers; (D) Leverage local, federal, or private funding, taking into account whether such funding includes a match requirement; (E) Support conservation priorities, including, but not limited to, protection of habitat, water quality, watershed conservation, climate resiliency, local conservation plans, and public viewshed; (F) Preserve or enhance soil quality; and (G) Create or further enhance compatibility with existing military installations; and

(2) Adopt a scoring process for evaluating project proposals and prioritizing projects based on the extent that the project will:

(A) Protect farmland in active or planned cultivation;

(A) Protect farmland in active or planned cultivation;

(B) Prevent development or fragmentation that would result in farmland loss;

(B) Prevent development or fragmentation that would result in farmland loss;

(C) Support transition of affordable farmland to next-generation farmers;

(C) Support transition of affordable farmland to next-generation farmers;

(D) Leverage local, federal, or private funding, taking into account whether such funding includes a match requirement;

(D) Leverage local, federal, or private funding, taking into account whether such funding includes a match requirement;

(E) Support conservation priorities, including, but not limited to, protection of habitat, water quality, watershed conservation, climate resiliency, local conservation plans, and public viewshed;

(E) Support conservation priorities, including, but not limited to, protection of habitat, water quality, watershed conservation, climate resiliency, local conservation plans, and public viewshed;

(F) Preserve or enhance soil quality; and

(F) Preserve or enhance soil quality; and

(G) Create or further enhance compatibility with existing military installations; and

(G) Create or further enhance compatibility with existing military installations; and

(3) Ensure that, per its terms, any agricultural conservation easement to be acquired through the project: (A) Is of perpetual duration; (B) May not be assigned to or enforced by a third party without the express written consent of the landowner; and (C) Aligns with existing federal and local programs to maximize potential for matching funds.

(3) Ensure that, per its terms, any agricultural conservation easement to be acquired through the project:

(A) Is of perpetual duration;

(A) Is of perpetual duration;

(B) May not be assigned to or enforced by a third party without the express written consent of the landowner; and

(B) May not be assigned to or enforced by a third party without the express written consent of the landowner; and

(C) Aligns with existing federal and local programs to maximize potential for matching funds.

(C) Aligns with existing federal and local programs to maximize potential for matching funds.
O.C.G.A. § 44-7-2 — GA Code / Title 44 / Chapter 7 / Section 44-7-2
Georgia Code Title 44. Property § 44-7-2
Status: in_force

(a) Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol.

(a) Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol.

(b) In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place, a landlord or a tenant may not waive, assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the following provisions of law: (1) Code Section 44-7-13 , relating to the duties of a landlord as to repairs and improvements; (2) Code Section 44-7-14 , relating to the liability of a landlord for failure to repair; (3) Ordinances adopted pursuant to Code Section 36-61-11 ; (4) Article 3 of this chapter, relating to proceedings against tenants holding over; (5) Article 4 of this chapter, relating to distress warrants; (6) Article 2 of this chapter, relating to security deposits; and (7) Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.

(b) In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place, a landlord or a tenant may not waive, assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the following provisions of law:

(1) Code Section 44-7-13 , relating to the duties of a landlord as to repairs and improvements;

(1) Code Section 44-7-13 , relating to the duties of a landlord as to repairs and improvements;

(2) Code Section 44-7-14 , relating to the liability of a landlord for failure to repair;

(2) Code Section 44-7-14 , relating to the liability of a landlord for failure to repair;

(3) Ordinances adopted pursuant to Code Section 36-61-11 ;

(3) Ordinances adopted pursuant to Code Section 36-61-11 ;

(4) Article 3 of this chapter, relating to proceedings against tenants holding over;

(4) Article 3 of this chapter, relating to proceedings against tenants holding over;

(5) Article 4 of this chapter, relating to distress warrants;

(5) Article 4 of this chapter, relating to distress warrants;

(6) Article 2 of this chapter, relating to security deposits; and

(6) Article 2 of this chapter, relating to security deposits; and

(7) Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.

(7) Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.

(c) A provision for the payment by the tenant of the attorney's fees of the landlord upon the breach of a rental agreement by the tenant, which provision is contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place shall be void unless the provision also provides for the payment by the landlord of the attorney's fees of the tenant upon the breach of the rental agreement by the landlord.

(c) A provision for the payment by the tenant of the attorney's fees of the landlord upon the breach of a rental agreement by the tenant, which provision is contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place shall be void unless the provision also provides for the payment by the landlord of the attorney's fees of the tenant upon the breach of the rental agreement by the landlord.
O.C.G.A. § 44-14-101 — GA Code / Title 44 / Chapter 14 / Section 44-14-101
Georgia Code Title 44. Property § 44-14-101
Status: in_force

All matured or unmatured crops are declared to be personalty.
O.C.G.A. § 44-10-8 — GA Code / Title 44 / Chapter 10 / Section 44-10-8
Georgia Code Title 44. Property § 44-10-8
Status: in_force

A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be notice to the board of tax assessors of such county of the conveyance of the conservation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of the encumbrance on the next succeeding tax digest of the county. Any owner who records a conservation easement and who is aggrieved by a revaluation or lack thereof under this Code section may appeal to the board of equalization and may appeal from the decision of the board of equalization in accordance with Code Section 48-5-311 .
O.C.G.A. § 44-5-65 — GA Code / Title 44 / Chapter 5 / Section 44-5-65
Georgia Code Title 44. Property § 44-5-65
Status: in_force

To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages.
O.C.G.A. § 44-7-16 — GA Code / Title 44 / Chapter 7 / Section 44-7-16
Georgia Code Title 44. Property § 44-7-16
Status: in_force

All contracts for rent shall bear interest from the time the rent is due.
O.C.G.A. § 44-5-34 — GA Code / Title 44 / Chapter 5 / Section 44-5-34
Georgia Code Title 44. Property § 44-5-34
Status: in_force

If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect.
O.C.G.A. § 44-3-180 — GA Code / Title 44 / Chapter 3 / Section 44-3-180
Georgia Code Title 44. Property § 44-3-180
Status: in_force

(a) Unless the purchaser expressly agrees in the sales agreement to accept such purchaser's interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser.

(a) Unless the purchaser expressly agrees in the sales agreement to accept such purchaser's interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser.

(b) Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount of the lien attributable to such owner's time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.

(b) Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount of the lien attributable to such owner's time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
O.C.G.A. § 44-14-408 — GA Code / Title 44 / Chapter 14 / Section 44-14-408
Georgia Code Title 44. Property § 44-14-408
Status: in_force

Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Sections 44-14-403 and 44-14-550 , respectively.
O.C.G.A. § 44-2-36 — GA Code / Title 44 / Chapter 2 / Section 44-2-36
Georgia Code Title 44. Property § 44-2-36
Status: in_force

As used in this part, the term:

(1) “ Authority ” means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section 15-6-94 .

(1) “ Authority ” means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section 15-6-94 .

(2) “ Document ” means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) Eligible to be recorded in the land records maintained by the clerk of superior court.

(2) “ Document ” means information that is:

(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(B) Eligible to be recorded in the land records maintained by the clerk of superior court.

(B) Eligible to be recorded in the land records maintained by the clerk of superior court.

(3) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) “ Electronic document ” means a document that is received by the clerk of superior court in an electronic form.

(4) “ Electronic document ” means a document that is received by the clerk of superior court in an electronic form.

(5) “ Electronic signature ” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(5) “ Electronic signature ” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(6) “ Paper document ” means a document that is received by the clerk of superior court that is not electronic.

(6) “ Paper document ” means a document that is received by the clerk of superior court that is not electronic.

(7) “ Person ” means an individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7) “ Person ” means an individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(8) “ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(8) “ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
O.C.G.A. § 44-5-89 — GA Code / Title 44 / Chapter 5 / Section 44-5-89
Georgia Code Title 44. Property § 44-5-89
Status: in_force

Any person who is a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, public or private agency, or corporation without the consent of his parent or parents or guardian. Any person who is not a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, public or private agency, or corporation in this state without the consent of his parent or parents or guardian when the laws of the state wherein such person resides permit the donation of blood at such age.
O.C.G.A. § 44-14-477 — GA Code / Title 44 / Chapter 14 / Section 44-14-477
Georgia Code Title 44. Property § 44-14-477
Status: in_force

Any person who gives any false affidavit as provided by Code Section 44-14-473 commits the offense of false swearing.
O.C.G.A. § 44-5-142 — GA Code / Title 44 / Chapter 5 / Section 44-5-142
Georgia Code Title 44. Property § 44-5-142
Status: in_force

Subject to Code Section 44-5-146 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by:

(1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a driver's license because the donor is at least 16 years of age;

(1) The donor, if the donor is an adult or if the donor is a minor and is:

(A) Emancipated; or

(A) Emancipated; or

(B) Authorized under state law to apply for a driver's license because the donor is at least 16 years of age;

(B) Authorized under state law to apply for a driver's license because the donor is at least 16 years of age;

(2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift;

(2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is an unemancipated minor; or

(3) A parent of the donor, if the donor is an unemancipated minor; or

(4) The donor's guardian.

(4) The donor's guardian.
O.C.G.A. § 44-14-512 — GA Code / Title 44 / Chapter 14 / Section 44-14-512
Georgia Code Title 44. Property § 44-14-512
Status: in_force

Any person hauling stocks, logs, or lumber for another person shall have a lien against the personalty so hauled by him to the extent of the amount of the indebtedness, if by contract, and to the extent of the value of the services so rendered, if the price to be paid for the hauling is not agreed upon.
O.C.G.A. § 44-14-141 — GA Code / Title 44 / Chapter 14 / Section 44-14-141
Georgia Code Title 44. Property § 44-14-141
Status: in_force

The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section 44-14-140 may in all respects, including the preservation of priority thereof, be extended for successive additional periods, each period not exceeding five years from the date of the filing in the office of the clerk of the superior court wherein any such instrument is recorded, upon the filing by the owner or holder thereof of an affidavit identifying the instrument and stating his interest and the nature and amount unpaid on the obligation still secured thereby. Where the instrument is made to, held, or owned by a trustee or other representative to secure bonds, notes, or other obligations of the maker of the instrument, the affidavit provided for in this Code section may be made and filed by the trustee or other representative.
O.C.G.A. § 44-6-22 — GA Code / Title 44 / Chapter 6 / Section 44-6-22
Georgia Code Title 44. Property § 44-6-22
Status: in_force

An absolute estate may be created to commence in the future, and the fee may be in abeyance without detriment to the rights of subsequent remainders. A fee may be limited upon a fee, either by deed or will, where the plain intention of the grantor or testator requires it and no other rule of law is violated thereby.
O.C.G.A. § 44-5-84 — GA Code / Title 44 / Chapter 5 / Section 44-5-84
Georgia Code Title 44. Property § 44-5-84
Status: in_force

The delivery of personal property by a parent into the exclusive possession of a child living separate from the parent creates a presumption of a gift to the child. This presumption may be rebutted by evidence of an actual contract of lending or by circumstances from which such a contract may be inferred.
O.C.G.A. § 44-12-77 — GA Code / Title 44 / Chapter 12 / Section 44-12-77
Georgia Code Title 44. Property § 44-12-77
Status: in_force

The relationship of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. The bailee is bound to use ordinary care for the safekeeping and return of the automobile.
O.C.G.A. § 44-6-168 — GA Code / Title 44 / Chapter 6 / Section 44-6-168
Georgia Code Title 44. Property § 44-6-168
Status: in_force

After the sale of any lands and tenements provided for in Code Section 44-6-167 , the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.
O.C.G.A. § 44-3-181 — GA Code / Title 44 / Chapter 3 / Section 44-3-181
Georgia Code Title 44. Property § 44-3-181
Status: in_force

The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of marketing, in the time-share program or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners of the time-share units, unless:

(1) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval;

(1) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval;

(2) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due;

(2) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due;

(3) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and

(3) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and

(4) Written notice is given to the association and notice shall be sent by certified mail or statutory overnight delivery within 30 days of the sale, lease, assignment, or other transfer.

(4) Written notice is given to the association and notice shall be sent by certified mail or statutory overnight delivery within 30 days of the sale, lease, assignment, or other transfer.
O.C.G.A. § 44-7-82 — GA Code / Title 44 / Chapter 7 / Section 44-7-82
Georgia Code Title 44. Property § 44-7-82
Status: in_force

(a) As used in this Code section, the term “mobile home” means a movable or portable dwelling over 32 feet in length and over eight feet wide which is constructed to be towed on its own chassis and to be connected to utilities and is designed without a permanent foundation for year-round occupancy. A mobile home may consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit.

(a) As used in this Code section, the term “mobile home” means a movable or portable dwelling over 32 feet in length and over eight feet wide which is constructed to be towed on its own chassis and to be connected to utilities and is designed without a permanent foundation for year-round occupancy. A mobile home may consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit.

(b) A tenant's mobile home, as defined in subsection (a) of this Code section, shall be considered “property,” as that term is used in this article.

(b) A tenant's mobile home, as defined in subsection (a) of this Code section, shall be considered “property,” as that term is used in this article.
O.C.G.A. § 44-14-144 — GA Code / Title 44 / Chapter 14 / Section 44-14-144
Georgia Code Title 44. Property § 44-14-144
Status: in_force

This article shall not apply to any mortgage, bill of sale to secure debt, retention of title contract, deed of trust, or other security instrument creating a lien on, retaining title to, or conveying an interest in property owned by, sold or leased to, or agreed to be sold or leased to any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation.
O.C.G.A. § 44-2-233 — GA Code / Title 44 / Chapter 2 / Section 44-2-233
Georgia Code Title 44. Property § 44-2-233
Status: in_force

(a) It is contemplated by this article that the book known as the register of decrees of title shall be made up in the following manner: (1) It shall be of such size that each page may contain a full copy of the decree of title; (2) Only one decree should be entered on any page; (3) Each page should have printed thereon the form of the decree of title as prescribed in Code Section 44-2-232 with ample spacing left in the blanks; (4) At the bottom of the page should be the words: “Entered and registered this _____ day of _____, _____, at _____: __________. M. and certificate of title No._____ issued thereon. ________________________________________ Clerk” and (5) At the top of the page and preceding the copy of the decree should be the words, “Registered Title No. _____.” The first decree entered is numbered “Registered Title No. 1,” the second “Registered Title No. 2,” and so on in continuous, consecutive order. The registered title number of a registered tract never changes though any number of subsequent certificates may be issued thereon; therefore, the registered title number and the certificate number will usually be different.

(a) It is contemplated by this article that the book known as the register of decrees of title shall be made up in the following manner:

(1) It shall be of such size that each page may contain a full copy of the decree of title;

(1) It shall be of such size that each page may contain a full copy of the decree of title;

(2) Only one decree should be entered on any page;

(2) Only one decree should be entered on any page;

(3) Each page should have printed thereon the form of the decree of title as prescribed in Code Section 44-2-232 with ample spacing left in the blanks;

(3) Each page should have printed thereon the form of the decree of title as prescribed in Code Section 44-2-232 with ample spacing left in the blanks;

(4) At the bottom of the page should be the words: “Entered and registered this _____ day of _____, _____, at _____: __________. M. and certificate of title No._____ issued thereon. ________________________________________ Clerk” and

(4) At the bottom of the page should be the words:

“Entered and registered this _____ day of _____, _____, at _____: __________. M. and certificate of title No._____ issued thereon.

________________________________________

Clerk”

and

(5) At the top of the page and preceding the copy of the decree should be the words, “Registered Title No. _____.” The first decree entered is numbered “Registered Title No. 1,” the second “Registered Title No. 2,” and so on in continuous, consecutive order. The registered title number of a registered tract never changes though any number of subsequent certificates may be issued thereon; therefore, the registered title number and the certificate number will usually be different.

(5) At the top of the page and preceding the copy of the decree should be the words, “Registered Title No. _____.” The first decree entered is numbered “Registered Title No. 1,” the second “Registered Title No. 2,” and so on in continuous, consecutive order. The registered title number of a registered tract never changes though any number of subsequent certificates may be issued thereon; therefore, the registered title number and the certificate number will usually be different.

(b) Even though several separate tracts may be joined in the same application, the judge should render separate decrees as to each tract; and these decrees should be separately entered and given separate registered title numbers. Every certificate of title, owner's certificate, and creditor's certificate must carry on it, in addition to its own certificate number, the registered title number of the decree under which the tract to which it pertains was registered.

(b) Even though several separate tracts may be joined in the same application, the judge should render separate decrees as to each tract; and these decrees should be separately entered and given separate registered title numbers. Every certificate of title, owner's certificate, and creditor's certificate must carry on it, in addition to its own certificate number, the registered title number of the decree under which the tract to which it pertains was registered.

(c) A part of the register of decrees of title shall be an alphabetical index thereto which the clerk shall carefully keep. Whenever a decree is entered on the register of decrees of title, the clerk shall immediately index it in the name of the person in whose favor the title is registered under proper alphabetical head, the name being followed by the registered title number. If the decree is in favor of more than one person, it shall be separately indexed under the name of each and every one of them, the name of each of said persons being shown under the proper alphabetical head.

(c) A part of the register of decrees of title shall be an alphabetical index thereto which the clerk shall carefully keep. Whenever a decree is entered on the register of decrees of title, the clerk shall immediately index it in the name of the person in whose favor the title is registered under proper alphabetical head, the name being followed by the registered title number. If the decree is in favor of more than one person, it shall be separately indexed under the name of each and every one of them, the name of each of said persons being shown under the proper alphabetical head.
O.C.G.A. § 44-2-244 — GA Code / Title 44 / Chapter 2 / Section 44-2-244
Georgia Code Title 44. Property § 44-2-244
Status: in_force

(a) Where the judge orders a transfer to be made under any of the provisions of this article, the judge's order of transfer shall be in the following form unless the exigencies of the case require a different form: IN THE SUPERIOR COURT OF _____ COUNTY STATE OF GEORGIA ) In re petition ) Civil action of _____________ ) File no. _______ ) --JUDGE'S ORDER OF TRANSFER-- For good cause shown to the court, the clerk is directed to cancel the Certificate of Title No. _____, Registered Title No. _____, standing in the name of _____ on the title register and to register a certificate of title in lieu thereof, as follows: in accordance with the decree of court rendered in the action of _____ v._____ in _____ court; and transfer of title is accordingly ordered. You will enter this transfer upon the title register, noting upon the same a reference to the book and page upon which the above-recited order or decree may be found. This order of transfer shall be effective upon the presentation of the outstanding owner's certificate, which you will cancel. * _______________ This _____ day of _____, _____. _________________________________________________ Judge (*If the court has not been able to require the production of the outstanding owner's certificate, the judge shall erase this sentence from the order and substitute in the blank space below it the following: “You will cause notice to be published, in accordance with the law, that the certificate is canceled.”)

(a) Where the judge orders a transfer to be made under any of the provisions of this article, the judge's order of transfer shall be in the following form unless the exigencies of the case require a different form:

IN THE SUPERIOR COURT OF _____ COUNTY

STATE OF GEORGIA

)

In re petition

)

Civil action

of _____________

)

File no. _______

)

--JUDGE'S ORDER OF TRANSFER--

For good cause shown to the court, the clerk is directed to cancel the Certificate of Title No. _____, Registered Title No. _____, standing in the name of _____ on the title register and to register a certificate of title in lieu thereof, as follows: in accordance with the decree of court rendered in the action of _____ v._____ in _____ court; and transfer of title is accordingly ordered. You will enter this transfer upon the title register, noting upon the same a reference to the book and page upon which the above-recited order or decree may be found.

This order of transfer shall be effective upon the presentation of the outstanding owner's certificate, which you will cancel. * _______________

This _____ day of _____, _____.

_________________________________________________

Judge

(*If the court has not been able to require the production of the outstanding owner's certificate, the judge shall erase this sentence from the order and substitute in the blank space below it the following: “You will cause notice to be published, in accordance with the law, that the certificate is canceled.”)

(b) If the exigencies of the case require a variation from the above prescribed form, the clerk shall also record the judge's order on the minutes of the court and, under the appropriate heading in the entry of transfer on the title register, write the words “Special, See Minute Book _____, page _____.” If the judge's order of transfer is made without obtaining production of the outstanding owner's certificate, the clerk, in entering the transfer, shall, under the heading “Remarks,” write “Owner's certificate not produced, but canceled by publication.”

(b) If the exigencies of the case require a variation from the above prescribed form, the clerk shall also record the judge's order on the minutes of the court and, under the appropriate heading in the entry of transfer on the title register, write the words “Special, See Minute Book _____, page _____.” If the judge's order of transfer is made without obtaining production of the outstanding owner's certificate, the clerk, in entering the transfer, shall, under the heading “Remarks,” write “Owner's certificate not produced, but canceled by publication.”
O.C.G.A. § 44-9-53 — GA Code / Title 44 / Chapter 9 / Section 44-9-53
Georgia Code Title 44. Property § 44-9-53
Status: in_force

If a private way is established over the wild lands of a person who has no notice of the proceeding, at any time within six months after the receipt of such notice he may proceed to have damages assessed against all the landowners who habitually use the private way.
O.C.G.A. § 44-12-300 — GA Code / Title 44 / Chapter 12 / Section 44-12-300
Georgia Code Title 44. Property § 44-12-300
Status: in_force

(a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities: (1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533; (2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and (3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.

(a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:

(1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533;

(1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533;

(1) The Georgia Tribe of Eastern Cherokee

P.O. Box 1993

(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and

(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and

(2) The Lower Muscogee Creek Tribe

Route 2, Box 370

(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.

(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.

(3) The Cherokee of Georgia Tribal Council

(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate.

(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate.
O.C.G.A. § 44-14-492 — GA Code / Title 44 / Chapter 14 / Section 44-14-492
Georgia Code Title 44. Property § 44-14-492
Status: in_force

When any animal or pet is sold as authorized in this part to satisfy a lien for any of the services enumerated in Code Section 44-14-490 , any surplus realized from the sale after payment of the charges and any expenses incurred in making the demand for payment thereof in connection with the sale shall be paid to the owner of the animal or pet.
O.C.G.A. § 44-1-2 — GA Code / Title 44 / Chapter 1 / Section 44-1-2
Georgia Code Title 44. Property § 44-1-2
Status: in_force

(a) As used in this title, the term “realty” or “real estate” means: (1) All lands and the buildings thereon; (2) All things permanently attached to land or to the buildings thereon; and (3) Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.

(a) As used in this title, the term “realty” or “real estate” means:

(1) All lands and the buildings thereon;

(1) All lands and the buildings thereon;

(2) All things permanently attached to land or to the buildings thereon; and

(2) All things permanently attached to land or to the buildings thereon; and

(3) Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.

(3) Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.

(b) The property right of the owner of real estate extends downward indefinitely and upward indefinitely.

(b) The property right of the owner of real estate extends downward indefinitely and upward indefinitely.
O.C.G.A. § 44-3-70 — GA Code / Title 44 / Chapter 3 / Section 44-3-70
Georgia Code Title 44. Property § 44-3-70
Status: in_force

This article shall be known and may be cited as the “Georgia Condominium Act.”
O.C.G.A. § 44-5-47 — GA Code / Title 44 / Chapter 5 / Section 44-5-47
Georgia Code Title 44. Property § 44-5-47
Status: in_force

Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance.
O.C.G.A. § 44-5-159-1 — GA Code / Title 44 / Chapter 5 / Section 44-5-159-1
Georgia Code Title 44. Property § 44-5-159.1
Status: in_force

(a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

(a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

(b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2 , the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2 .

(b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2 , the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2 .

(c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner.

(c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner.
O.C.G.A. § 44-7-7 — GA Code / Title 44 / Chapter 7 / Section 44-7-7
Georgia Code Title 44. Property § 44-7-7
Status: in_force

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
O.C.G.A. § 44-5-13 — GA Code / Title 44 / Chapter 5 / Section 44-5-13
Georgia Code Title 44. Property § 44-5-13
Status: in_force

A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant.
O.C.G.A. § 44-5-85 — GA Code / Title 44 / Chapter 5 / Section 44-5-85
Georgia Code Title 44. Property § 44-5-85
Status: in_force

The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a rebuttable presumption of a gift and conveys title to the child. The presumption may be rebutted by evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, of a disclaimer of title by the child, or similar evidence.
O.C.G.A. § 44-6-85 — GA Code / Title 44 / Chapter 6 / Section 44-6-85
Georgia Code Title 44. Property § 44-6-85
Status: in_force

If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, which are the profits of the crop sowed by him during life, whether the plants are annual or perennial.
O.C.G.A. § 44-8-7 — GA Code / Title 44 / Chapter 8 / Section 44-8-7
Georgia Code Title 44. Property § 44-8-7
Status: in_force

(a) A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Code section and shall not make tidewaters navigable.

(a) A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Code section and shall not make tidewaters navigable.

(b) For all purposes, including, among others, the exclusive right to the oysters and clams but not other fish therein or thereon, the boundaries and rights of the owners of land adjacent to or covered in whole or in part by navigable tidewaters shall extend to the low-water mark in the bed of the water.

(b) For all purposes, including, among others, the exclusive right to the oysters and clams but not other fish therein or thereon, the boundaries and rights of the owners of land adjacent to or covered in whole or in part by navigable tidewaters shall extend to the low-water mark in the bed of the water.
O.C.G.A. § 44-9-49 — GA Code / Title 44 / Chapter 9 / Section 44-9-49
Georgia Code Title 44. Property § 44-9-49
Status: in_force

Private ways may be established by an agreement in writing between the parties concerned, which agreement may stipulate any damages to be paid. The agreement shall be entered on the official minutes of the county commission and the road deed file and, when so done, shall have the same effect as though established by Code Sections 44-9-40 through 44-9-48 .
O.C.G.A. § 44-14-571 — GA Code / Title 44 / Chapter 14 / Section 44-14-571
Georgia Code Title 44. Property § 44-14-571
Status: in_force

(a) Notices of liens upon real property for taxes payable to the United States and certificates and all notices affecting such liens, including certificates of redemption, shall be filed in the office of the clerk of the superior court of the county in which the real property subject to a federal tax lien is located.

(a) Notices of liens upon real property for taxes payable to the United States and certificates and all notices affecting such liens, including certificates of redemption, shall be filed in the office of the clerk of the superior court of the county in which the real property subject to a federal tax lien is located.

(b) Notices of liens upon personal property, whether tangible or intangible, for taxes payable to the United States and certificates and all notices affecting such liens, including certificates of redemption, shall be filed as follows: (1) If the person against whose interest the tax lien applies is a corporation or partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the clerk of the superior court of the county in which the principal executive office is located; and (2) In all other cases, in the office of the clerk of the superior court of the county where the taxpayer resides at the time of the filing of the notice of lien.

(b) Notices of liens upon personal property, whether tangible or intangible, for taxes payable to the United States and certificates and all notices affecting such liens, including certificates of redemption, shall be filed as follows:

(1) If the person against whose interest the tax lien applies is a corporation or partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the clerk of the superior court of the county in which the principal executive office is located; and

(1) If the person against whose interest the tax lien applies is a corporation or partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the clerk of the superior court of the county in which the principal executive office is located; and

(2) In all other cases, in the office of the clerk of the superior court of the county where the taxpayer resides at the time of the filing of the notice of lien.

(2) In all other cases, in the office of the clerk of the superior court of the county where the taxpayer resides at the time of the filing of the notice of lien.
O.C.G.A. § 44-3-187 — GA Code / Title 44 / Chapter 3 / Section 44-3-187
Georgia Code Title 44. Property § 44-3-187
Status: in_force

Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Section 10-1-393 , relating to promotional contests and giveaways in general.
O.C.G.A. § 44-3-84 — GA Code / Title 44 / Chapter 3 / Section 44-3-84
Georgia Code Title 44. Property § 44-3-84
Status: in_force

Plans previously recorded pursuant to subsection (b) of Code Section 44-3-77 may be used in lieu of new plans to satisfy in whole or in part the requirements of Code Section 44-3-89 if certifications thereof are recorded by the declarant in accordance with subsection (c) of Code Section 44-3-83 .
O.C.G.A. § 44-12-92 — GA Code / Title 44 / Chapter 12 / Section 44-12-92
Georgia Code Title 44. Property § 44-12-92
Status: in_force

Depositories for hire are bound to exercise ordinary care and diligence and are liable as in other cases of bailment for hire.
O.C.G.A. § 44-6-120 — GA Code / Title 44 / Chapter 6 / Section 44-6-120
Georgia Code Title 44. Property § 44-6-120
Status: in_force

Unless otherwise specifically provided by statute and unless the document or instrument provides otherwise, a tenancy in common is created wherever from any cause two or more persons are entitled to the simultaneous possession of any property. Tenants in common may have unequal shares, but they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges as to possession which are superior to those of the person owning a lesser interest so long as the tenancy continues.
O.C.G.A. § 44-2-237 — GA Code / Title 44 / Chapter 2 / Section 44-2-237
Georgia Code Title 44. Property § 44-2-237
Status: in_force

Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy such plat on the register of decrees of title or on the certificate of title. In lieu of copying such plat, the clerk shall record it and shall note a reference to the book and page where recorded.
O.C.G.A. § 44-12-156 — GA Code / Title 44 / Chapter 12 / Section 44-12-156
Georgia Code Title 44. Property § 44-12-156
Status: in_force

When a verdict for damages is rendered in favor of a plaintiff in trover and a judgment is entered thereon, the verdict and judgment shall not have the effect of changing the property which is the subject matter of the action or of vesting the same in the defendant in the action until after the damages and costs recovered by the plaintiff in the action are paid off and discharged. However, the verdict and judgment shall subject the property to sale under and by virtue of an execution issuing upon the judgment in the action of trover and shall make the property liable to the payment of the damages and costs recovered in the action in preference to any other judgment, order, or decree against the defendant in such action.
O.C.G.A. § 44-14-40 — GA Code / Title 44 / Chapter 14 / Section 44-14-40
Georgia Code Title 44. Property § 44-14-40
Status: in_force

All the rules prescribed for the probate of deeds to land when the witnesses are dead, insane, or removed from the state and all the rules prescribed for the acknowledgment before or attestation by consuls or commissioners shall apply to the probate of mortgages.
O.C.G.A. § 44-14-454 — GA Code / Title 44 / Chapter 14 / Section 44-14-454
Georgia Code Title 44. Property § 44-14-454
Status: in_force

Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453 , the person, firm, or corporation making the sale shall give ten days' notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person from whom the goods were received. Such notice shall give the name of the owner of the goods, if known, and, if not known, the name of the person from whom the goods were received; a description of the goods to be sold; the time and place of the sale; the amount of the charges for which the goods or articles will be sold; and the name of the person, firm, or corporation having possession of the goods or articles and proposing to make the sale.
O.C.G.A. § 44-9-58 — GA Code / Title 44 / Chapter 9 / Section 44-9-58
Georgia Code Title 44. Property § 44-9-58
Status: in_force

When the applicant for a private way also desires to use another's landing, he must state this desire in his petition so that proper damages may be assessed for such use.
O.C.G.A. § 44-14-35 — GA Code / Title 44 / Chapter 14 / Section 44-14-35
Georgia Code Title 44. Property § 44-14-35
Status: in_force

Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the payment of money or other thing of value and the same is not recorded as provided by law but the mortgage is renewed or reexecuted, the mortgage shall operate as a lien upon the property of the mortgagor only against the mortgagor himself and those having actual notice of the mortgage except from the date of the record of such mortgage.
O.C.G.A. § 44-12-206 — GA Code / Title 44 / Chapter 12 / Section 44-12-206
Georgia Code Title 44. Property § 44-12-206
Status: in_force

Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than one year after becoming payable are presumed abandoned.
O.C.G.A. § 44-7-14 — GA Code / Title 44 / Chapter 7 / Section 44-7-14
Georgia Code Title 44. Property § 44-7-14
Status: in_force

Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
O.C.G.A. § 44-14-570 — GA Code / Title 44 / Chapter 14 / Section 44-14-570
Georgia Code Title 44. Property § 44-14-570
Status: in_force

It is the purpose of this part to conform to Section 6323 of the United States Internal Revenue Code as amended by Public Law 89-719 , entitled the Federal Tax Lien Act of 1966.
O.C.G.A. § 44-5-62 — GA Code / Title 44 / Chapter 5 / Section 44-5-62
Georgia Code Title 44. Property § 44-5-62
Status: in_force

A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances.
O.C.G.A. § 44-14-402 — GA Code / Title 44 / Chapter 14 / Section 44-14-402
Georgia Code Title 44. Property § 44-14-402
Status: in_force

Depositories for hire shall have a lien for their hire and may retain possession until it is paid.
O.C.G.A. § 44-14-186 — GA Code / Title 44 / Chapter 14 / Section 44-14-186
Georgia Code Title 44. Property § 44-14-186
Status: in_force

When proceedings to foreclose a mortgage shall be instituted and a defense shall be set up thereto, the issue shall be submitted to and tried by a jury.
O.C.G.A. § 44-12-229 — GA Code / Title 44 / Chapter 12 / Section 44-12-229
Georgia Code Title 44. Property § 44-12-229
Status: in_force

<Text of section effective until July 1, 2024. See, also, text of section 44-12-229 effective July 1, 2024.>

(a) The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this article.

(a) The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this article.

(b) The commissioner may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provisions of this article. The commissioner may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this article.

(b) The commissioner may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provisions of this article. The commissioner may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this article.

(c) If a holder fails to maintain the records required by Code Section 44-12-228 and the records of the holder available for the periods subject to this article are insufficient to permit the preparation of a report, the holder shall be required to report and pay such amounts as may reasonably be estimated from any available records.

(c) If a holder fails to maintain the records required by Code Section 44-12-228 and the records of the holder available for the periods subject to this article are insufficient to permit the preparation of a report, the holder shall be required to report and pay such amounts as may reasonably be estimated from any available records.
O.C.G.A. § 44-12-118 — GA Code / Title 44 / Chapter 12 / Section 44-12-118
Georgia Code Title 44. Property § 44-12-118
Status: in_force

The increase of loaned property, except property loaned by special contract, belongs to the lender.
O.C.G.A. § 44-6-206 — GA Code / Title 44 / Chapter 6 / Section 44-6-206
Georgia Code Title 44. Property § 44-6-206
Status: in_force

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
O.C.G.A. § 44-3-183 — GA Code / Title 44 / Chapter 3 / Section 44-3-183
Georgia Code Title 44. Property § 44-3-183
Status: in_force

If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees.
O.C.G.A. § 44-14-410 — GA Code / Title 44 / Chapter 14 / Section 44-14-410
Georgia Code Title 44. Property § 44-14-410
Status: in_force

Except as provided in Code Section 44-14-411.1 , involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail or statutory overnight delivery to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice.
O.C.G.A. § 44-12-211 — GA Code / Title 44 / Chapter 12 / Section 44-12-211
Georgia Code Title 44. Property § 44-12-211
Status: in_force

(a) Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within five years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.

(a) Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within five years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.

(b) When a person owning property is not known for five successive years to be living and neither the person named, his heirs, or distributees can be located or proved for five successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned.

(b) When a person owning property is not known for five successive years to be living and neither the person named, his heirs, or distributees can be located or proved for five successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned.
O.C.G.A. § 44-3-160 — GA Code / Title 44 / Chapter 3 / Section 44-3-160
Georgia Code Title 44. Property § 44-3-160
Status: in_force

This article shall be known and may be cited as the “Georgia Time-Share Act.”
O.C.G.A. § 44-12-71 — GA Code / Title 44 / Chapter 12 / Section 44-12-71
Georgia Code Title 44. Property § 44-12-71
Status: in_force

The hire of labor or services is the essence of every bailment in which goods are delivered to another and compensation is paid for the care, attention, or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, keepers of wharves, mechanics, and all agents in such transactions. In all such cases, the bailee is not only bound to exercise skill in the labor and work bestowed but it is a part of his contract that he shall exercise ordinary care and diligence in keeping and protecting the articles entrusted to him.
O.C.G.A. § 44-12-231 — GA Code / Title 44 / Chapter 12 / Section 44-12-231
Georgia Code Title 44. Property § 44-12-231
Status: in_force

(a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214 , the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.

(a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214 , the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.

(b) Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1 . The remedies specified in this subsection shall be in addition to all other remedies provided for in this article.

(b) Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1 . The remedies specified in this subsection shall be in addition to all other remedies provided for in this article.
O.C.G.A. § 44-8-4 — GA Code / Title 44 / Chapter 8 / Section 44-8-4
Georgia Code Title 44. Property § 44-8-4
Status: in_force

It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, together with canals and appurtenances thereof, across the stream for the development of water power and for other purposes; provided, however, this Code section shall not be construed to release individuals or corporations constructing such dam or dams and appurtenant works from liability to private property owners for damages resulting from the construction and operation thereof either by overflow or otherwise.
O.C.G.A. § 44-5-170 — GA Code / Title 44 / Chapter 5 / Section 44-5-170
Georgia Code Title 44. Property § 44-5-170
Status: in_force

Prescription shall not run against the rights of a minor during his or her minority, a person incompetent by reason of mental illness or intellectual disability so long as the mental illness or intellectual disability lasts, or a person imprisoned during his or her imprisonment. After any such disability is removed, prescription shall run against the person holding a claim to realty or personalty.
O.C.G.A. § 44-12-223 — GA Code / Title 44 / Chapter 12 / Section 44-12-223
Georgia Code Title 44. Property § 44-12-223
Status: in_force

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect any duty to file a report required by this article or to pay or deliver abandoned property to the commissioner.
O.C.G.A. § 44-1-11 — GA Code / Title 44 / Chapter 1 / Section 44-1-11
Georgia Code Title 44. Property § 44-1-11
Status: in_force

(a) Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both.

(a) Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both.

(b) The rules of construction applicable to estates of personalty shall be the same as those applicable to estates of realty.

(b) The rules of construction applicable to estates of personalty shall be the same as those applicable to estates of realty.
O.C.G.A. § 44-14-269 — GA Code / Title 44 / Chapter 14 / Section 44-14-269
Georgia Code Title 44. Property § 44-14-269
Status: in_force

Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267 , if the service on the defendant was made in such a manner as to comply with Code Section 9-11-4 , a default judgment shall be entered against the defendant for the full amount of the petitioner's claim.
O.C.G.A. § 44-14-263 — GA Code / Title 44 / Chapter 14 / Section 44-14-263
Georgia Code Title 44. Property § 44-14-263
Status: in_force

The petition for an immediate writ of possession shall be accompanied by a waiver, as defined in Code Section 44-14-260 , or the petitioner shall furnish a bond in the amount of the petitioner's claim for the payment of damages which the defendant may sustain if the writ is obtained wrongfully.
O.C.G.A. § 44-7-75 — GA Code / Title 44 / Chapter 7 / Section 44-7-75
Georgia Code Title 44. Property § 44-7-75
Status: in_force

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that the payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in subsection (b) of this Code section.

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that the payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in subsection (b) of this Code section.

(b) The tenant shall pay into the registry of the trial court all rent which becomes due after the issuance of the summons and shall pay said rent as it becomes due. If the landlord and tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of the rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and the landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection.

(b) The tenant shall pay into the registry of the trial court all rent which becomes due after the issuance of the summons and shall pay said rent as it becomes due. If the landlord and tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of the rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and the landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection.

(c) If the landlord is also seeking a dispossessory warrant against the tenant pursuant to Article 3 of this chapter, money paid into court under Code Section 44-7-54 shall fully satisfy the requirements under subsections (a) and (b) of this Code section.

(c) If the landlord is also seeking a dispossessory warrant against the tenant pursuant to Article 3 of this chapter, money paid into court under Code Section 44-7-54 shall fully satisfy the requirements under subsections (a) and (b) of this Code section.

(d) After the date of the service of the summons as provided in Code Section 44-7-72 , the tenant shall not transfer, convey, remove, or conceal his property without either posting bond as provided in Code Section 44-7-76 or complying with subsections (a) and (b) of this Code section.

(d) After the date of the service of the summons as provided in Code Section 44-7-72 , the tenant shall not transfer, convey, remove, or conceal his property without either posting bond as provided in Code Section 44-7-76 or complying with subsections (a) and (b) of this Code section.

(e) If the tenant shall fail to comply with any of the provisions of this Code section, the tenant shall not be entitled to retain possession of his property pending a trial on the merits as provided by Code Section 44-7-74 unless he posts bond as provided by Code Section 44-7-76 . Failure to comply with any provision of this Code section shall in no way affect the tenant's ability to litigate the issues raised in his answer but shall only affect the possession of the property pendente lite. If judgment is against the tenant, the property involved shall be seized by the marshal, the sheriff, or the deputy, as the case may be, and held thereby for levy and sale after judgment as provided by Code Section 44-7-79 .

(e) If the tenant shall fail to comply with any of the provisions of this Code section, the tenant shall not be entitled to retain possession of his property pending a trial on the merits as provided by Code Section 44-7-74 unless he posts bond as provided by Code Section 44-7-76 . Failure to comply with any provision of this Code section shall in no way affect the tenant's ability to litigate the issues raised in his answer but shall only affect the possession of the property pendente lite. If judgment is against the tenant, the property involved shall be seized by the marshal, the sheriff, or the deputy, as the case may be, and held thereby for levy and sale after judgment as provided by Code Section 44-7-79 .

(f) The court shall order the clerk of the court to pay to the landlord the amounts paid into the registry of the court as such payments are made; provided, however, that, if the tenant claims that he is entitled to all or a part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues.

(f) The court shall order the clerk of the court to pay to the landlord the amounts paid into the registry of the court as such payments are made; provided, however, that, if the tenant claims that he is entitled to all or a part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues.
O.C.G.A. § 44-2-68 — GA Code / Title 44 / Chapter 2 / Section 44-2-68
Georgia Code Title 44. Property § 44-2-68
Status: in_force

A nonresident petitioner shall appoint a resident agent or attorney upon whom process and notice may be served.
O.C.G.A. § 44-5-177 — GA Code / Title 44 / Chapter 5 / Section 44-5-177
Georgia Code Title 44. Property § 44-5-177
Status: in_force

Possession of personal property in conformance with the requirements of Code Section 44-5-161 for a period of four years confers title to the property by prescription. No prescription arises if the property is concealed, is removed from the state, or is otherwise not subject to reclamation.
O.C.G.A. § 44-2-27 — GA Code / Title 44 / Chapter 2 / Section 44-2-27
Georgia Code Title 44. Property § 44-2-27
Status: in_force

When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat.
O.C.G.A. § 44-10-40 — GA Code / Title 44 / Chapter 10 / Section 44-10-40
Georgia Code Title 44. Property § 44-10-40
Status: in_force

This chapter shall be known and may be cited as the “Georgia Farmland Conservation Act.”
O.C.G.A. § 44-13-63 — GA Code / Title 44 / Chapter 13 / Section 44-13-63
Georgia Code Title 44. Property § 44-13-63
Status: in_force

Except as provided in Code Section 44-13-60 , any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use.
O.C.G.A. § 44-14-62 — GA Code / Title 44 / Chapter 14 / Section 44-14-62
Georgia Code Title 44. Property § 44-14-62
Status: in_force

When executed outside this state, deeds to secure debt and bills of sale to secure debt shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15 , and attested by one other witness.
O.C.G.A. § 44-5-151 — GA Code / Title 44 / Chapter 5 / Section 44-5-151
Georgia Code Title 44. Property § 44-5-151
Status: in_force

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149 .

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149 .
O.C.G.A. § 44-12-204 — GA Code / Title 44 / Chapter 12 / Section 44-12-204
Georgia Code Title 44. Property § 44-12-204
Status: in_force

All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
O.C.G.A. § 44-14-165 — GA Code / Title 44 / Chapter 14 / Section 44-14-165
Georgia Code Title 44. Property § 44-14-165
Status: in_force

When a judgment is vacated and set aside as provided by Code Sections 44-14-163 and 44-14-164 , the obligation upon which the judgment was rendered, as well as the deed, bond for title, bill of sale securing the same, and other instruments mentioned in Code Section 44-14-163 , shall be fully restored in all respects to their original status which existed prior to the commencement of the action in which the judgment was rendered; and thereafter the instruments shall be for all purposes whatsoever legally of force and effect as if an action had not been instituted and a judgment had not been obtained on the obligation.
O.C.G.A. § 44-8-5 — GA Code / Title 44 / Chapter 8 / Section 44-8-5
Georgia Code Title 44. Property § 44-8-5
Status: in_force

(a) As used in this chapter, the term “navigable stream” means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable.

(a) As used in this chapter, the term “navigable stream” means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable.

(b) The rights of the owner of lands which are adjacent to navigable streams extend to the low-water mark in the bed of the stream.

(b) The rights of the owner of lands which are adjacent to navigable streams extend to the low-water mark in the bed of the stream.

(c) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and, as sovereign, is trustee of its peoples' rights to use and enjoy all navigable streams capable of use for fishing, hunting, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. The state continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that the public retained the aforementioned rights under such doctrine even where private title to beds originates from a valid grant.

(c) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and, as sovereign, is trustee of its peoples' rights to use and enjoy all navigable streams capable of use for fishing, hunting, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. The state continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that the public retained the aforementioned rights under such doctrine even where private title to beds originates from a valid grant.
O.C.G.A. § 44-6-142 — GA Code / Title 44 / Chapter 6 / Section 44-6-142
Georgia Code Title 44. Property § 44-6-142
Status: in_force

The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties.
O.C.G.A. § 44-14-613 — GA Code / Title 44 / Chapter 14 / Section 44-14-613
Georgia Code Title 44. Property § 44-14-613
Status: in_force

(a) This article shall in no way affect or alter the laws of this state with respect to personal property.

(a) This article shall in no way affect or alter the laws of this state with respect to personal property.

(b) This article shall in no way affect or alter the laws of this state with respect to judgments, executions, and attachments; the liens they create; their enforceability; the recording of executions in general execution dockets; the notice given by the recording; or otherwise.

(b) This article shall in no way affect or alter the laws of this state with respect to judgments, executions, and attachments; the liens they create; their enforceability; the recording of executions in general execution dockets; the notice given by the recording; or otherwise.
O.C.G.A. § 44-2-25 — GA Code / Title 44 / Chapter 2 / Section 44-2-25
Georgia Code Title 44. Property § 44-2-25
Status: in_force

All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of superior court in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies shall serve all purposes and shall be as authentic as the originals.
O.C.G.A. § 44-5-127 — GA Code / Title 44 / Chapter 5 / Section 44-5-127
Georgia Code Title 44. Property § 44-5-127
Status: in_force

(a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(a) A claim based on:

(1) A contract entered into by a custodian acting in a custodial capacity;

(1) A contract entered into by a custodian acting in a custodial capacity;

(2) An obligation arising from the ownership or control of custodial property; or

(2) An obligation arising from the ownership or control of custodial property; or

(3) A tort committed during the custodianship

(3) A tort committed during the custodianship

may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(b) A custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
O.C.G.A. § 44-12-281 — GA Code / Title 44 / Chapter 12 / Section 44-12-281
Georgia Code Title 44. Property § 44-12-281
Status: in_force

Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties for each day such member of the council is in attendance at a meeting of the council.
O.C.G.A. § 44-12-225 — GA Code / Title 44 / Chapter 12 / Section 44-12-225
Georgia Code Title 44. Property § 44-12-225
Status: in_force

Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article.
O.C.G.A. § 44-2-14 — GA Code / Title 44 / Chapter 2 / Section 44-2-14
Georgia Code Title 44. Property § 44-2-14
Status: in_force

(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.

(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.

(b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.

(b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.

(c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.

(c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.

(d) Subsection (b) of this Code section does not apply to the following: (1) An affidavit or instrument executed before July 1, 1994; (2) A decree, order, judgment, or writ of any court; (3) A will; or (4) Any plat.

(d) Subsection (b) of this Code section does not apply to the following:

(1) An affidavit or instrument executed before July 1, 1994;

(1) An affidavit or instrument executed before July 1, 1994;

(2) A decree, order, judgment, or writ of any court;

(2) A decree, order, judgment, or writ of any court;

(3) A will; or

(3) A will; or

(4) Any plat.

(4) Any plat.
O.C.G.A. § 44-3-165 — GA Code / Title 44 / Chapter 3 / Section 44-3-165
Georgia Code Title 44. Property § 44-3-165
Status: in_force

(a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments.

(a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments.

(b) No action for partition of a unit may be maintained except as permitted by the time-share instrument.

(b) No action for partition of a unit may be maintained except as permitted by the time-share instrument.