reglab/housing_qa huggingface dataset:
GA Code § 44-5-12 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 1 - Grants From State|§ 44-5-12. Impeachment of Grants; Grounds; Effect of Irregularities or Misnomer

 Grants may be impeached before the courts where they are:    Void upon their face;   Issued without authority of law or against a prohibition in a law; or   Issued for property to which the state had no title.  However, mere irregularities in the proceedings to obtain grants shall not be inquired into nor may a mistake in the name of the grantee be proved by parol.     (Ga. L. 1857, p. 58, § 1; Code 1863, § 2333; Code 1868, § 2330; Code 1873, § 2361; Code 1882, § 2361; Civil Code 1895, § 3220; Civil Code 1910, § 3808; Code 1933, § 85-311.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Lands, §§ 5 et seq., 98, 105, 120 et seq., 124. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 66, 67.   C.J.S.   - 73B C.J.S., Public Lands, §§ 268 et seq., 282 et seq.
GA Code § 44-5-13 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 1 - Grants From State|§ 44-5-13. Grants by Implication; Presumptions Favor Grants

 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.   (Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, § 3809; Code 1933, § 85-312.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Lands, §§ 3 et seq., 124.   C.J.S.   - 73B C.J.S., Public Lands, § 278.   ALR.    - Reservation in grant of land of right to hunt and fish with like right to the grantee, as limiting the right of the grantee actual owners of the land, 32 A.L.R. 1533.    Release of power of appointment of property, 76 A.L.R. 1430.   Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.   Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.   Liability for interference with franchise, 97 A.L.R.3d 890.
GA Code § 44-5-14 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 1 - Grants From State|§ 44-5-14. Presumption of Grant on 20 Years' Possession

 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.   (Orig. Code 1863, § 2335; Code 1868, § 2332; Code 1873, § 2363; Code 1882, § 2363; Civil Code 1895, § 3222; Civil Code 1910, § 3810; Code 1933, § 85-313.)   Cross references.   - Conferring title after 20 years' adverse possession, § 44-5-163.   JUDICIAL DECISIONS   Allegations sufficient to satisfy requirements.   - Bill alleging that the complainant and its predecessors in title have been in possession for 20 to 50 years, and that such possession has been public, continuous, open, notorious, exclusive, uninterrupted, and peaceable, and accompanied by a claim of right, satisfies this and other sections on the subject. Western Union Tel. Co. v. Georgia R.R. & Banking Co., 227 F. 276 (S.D. Ga. 1915).   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Adverse Possession, §§ 7, 8. 63A Am. Jur. 2d, Public Lands, § 77.   C.J.S.   - 73B C.J.S., Public Lands, § 267.   ALR.    - Writing as essential to color of title in adverse occupant of land, 2 A.L.R. 1457.
GA Code § 44-5-31 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-31. Requisites of Deed to Personalty; Necessity for Deed

 A deed to personalty needs no attesting witness to make it valid; in other respects, the principles applicable to deeds to lands are applicable to deeds to personalty. However, generally a deed is not necessary to convey title to personalty.   (Orig. Code 1863, § 2655; Code 1868, § 2654; Code 1873, § 2696; Code 1882, § 2696; Civil Code 1895, § 3606; Civil Code 1910, § 4186; Code 1933, § 29-108.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 97 et seq.   C.J.S.   - 33 C.J.S., Exchange of Property, § 29.
GA Code § 44-5-32 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-32. Requisites of Instruments Other Than Deeds

 Every bond for title, bond to reconvey realty, contract to sell or to convey realty or any interest therein and every transfer or assignment of any of such instruments shall, except as between the parties thereto, be executed with the same formality as is required for the execution of deeds conveying realty.   (Ga. L. 1921, p. 157, § 1; Code 1933, § 29-114.)   Law reviews.   - For comment on Chase v. Endsley, 165 Ga. 292, 140 S.E. 876 (1927), see 1 Ga. L. Rev. No. 3, p. 49 (1927).   JUDICIAL DECISIONS   Grantor in possession under bond can lease timber rights when grantee's security not impaired.    - Grantor, who was in possession of timberland under a bond for title, could lease the timber rights, and, so long as the grantor remained in possession, extend the term of the lease so long as the security of the grantee was not impaired. Chisem v. Kirby-Evans Material Co., 209 Ga. 342, 72 S.E.2d 305 (1952).    Cited in Mangum v. Jones, 205 Ga. 661, 54 S.E.2d 603 (1949).   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, §§ 1, 4.
GA Code § 44-5-33 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-33. Form of Deed

 No prescribed form is essential to the validity of a deed to lands or personalty. If the deed is sufficient in itself to make known the transaction between the parties, no want of form will invalidate it.   (Laws 1768, Cobb's 1851 Digest, p. 163; Laws 1785, Cobb's 1851 Digest, p. 164; Code 1863, § 2651; Code 1868, § 2650; Code 1873, § 2692; Code 1882, § 2692; Civil Code 1895, § 3602; Civil Code 1910, § 4182; Code 1933, § 29-104.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 12 et seq.   C.J.S.   - 26A C.J.S., Deeds, § 34 et seq.   ALR.    - Effect of designating grantee in deed or mortgage by firm name, 1 A.L.R. 564; 8 A.L.R. 493.    Validity and effect of deed to "heirs" of living person, 22 A.L.R. 713.    Validity and effect of deed executed in blank as to name of grantee, 32 A.L.R. 737; 175 A.L.R. 1294.    Sufficiency and construction of description in deed or mortgage as "all" of grantor's property, or "all" of his property in certain locality, 55 A.L.R. 162.    Acknowledgment or oath over telephone, 58 A.L.R. 604.    Sufficiency of execution of instrument by agent or attorney in fact in name of principal without his own name appearing, 96 A.L.R. 1251.    Fee simple conditional, 114 A.L.R. 602.    Time limitation for attack on tax title as affected by defective description of property in the assessment or the tax deed, 133 A.L.R. 570.    Validity and effect of deed which identifies tract conveyed only by reference to its area and a specified corner or other part of a larger tract from which it is to be taken, 139 A.L.R. 1180.    Deed or mortgage as affected by uncertainty of description of excepted area, 162 A.L.R. 288.   Record of instrument without sufficient acknowledgment as notice, 59 A.L.R.2d 1299.
GA Code § 44-5-35 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-35. Apportionment of Price for Deficiency in Number of Acres; Rescission

 In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or the entire body, a deficiency in the quantity sold cannot be apportioned. If the sale is by a quantity of acres with the qualification "more or less" added, any deficiency is not apportionable unless the deficiency is so great as to constitute a willful deception or mistake amounting to fraud. In this event, the purchaser may demand a rescission of the sale or an apportionment of the purchase price.   (Orig. Code 1863, § 2598; Code 1868, § 2600; Code 1873, § 2642; Code 1882, § 2642; Civil Code 1895, § 3542; Civil Code 1910, § 4122; Code 1933, § 29-201; Ga. L. 1983, p. 3, § 33.)   Law reviews.   - For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability   Sale by Acre   Sale by Tract   Quantity Specified as "More or Less"   Deception or Fraud    RESEARCH REFERENCES   ALR.    - Recovery by vendee of money paid under mistake of fact as to vendor's title, 36 A.L.R. 482.    Implied covenant in conveyance with reference to map, plat, or blueprint as to size of remaining lots or against further subdivision thereof, 57 A.L.R. 764.    Legal significance and effect of phrase "more or less" in a deed of real property, 70 A.L.R. 368.    Statute of frauds as affecting right to reformation of deed or mortgage so as to enlarge or restrict the land or interest covered, 86 A.L.R. 448.    Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.    Validity and effect of deed which identifies tract conveyed only by reference to its area and a specified corner or other part of a larger tract from which it is to be taken, 139 A.L.R. 1180.    Rules as to interpretation of description of real property as applicable to description in judgment, 150 A.L.R. 773.    Relief, by way of rescission or adjustment of purchase price, for mutual mistake as to quantity of land, where contract of sale fixes compensation at a specified rate per acre or other area unit, 153 A.L.R. 4   Relief by way of rescission or adjustment of purchase price for mutual mistake as to quantity of land, where the sale is in gross, 1 A.L.R.2d 9.   Specific performance at instance of purchaser with abatement for vendor's misrepresentation as to matters other than quantity or title, 7 A.L.R.2d 1331.   Sufficiency of description in standing timber deed or contract, 35 A.L.R.2d 1422.   Broker's liability to prospective purchaser for refund of deposit or earnest money where contract fails because of defects in vendor's title, 38 A.L.R.2d 1382.   Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.
GA Code § 44-5-36 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-36. Purchaser's Remedies for Loss of Land Due to Title Defect

 If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price.   (Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, § 2643; Civil Code 1895, § 3544; Civil Code 1910, § 4124; Code 1933, § 29-202.)   Law reviews.   - For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability   Remedies    RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 184 et seq.   ALR.    - Doctrine of after-acquired title as between one who took before and one who took after common grantor or mortgagor acquired title, 25 A.L.R. 83.    Recovery by vendee of money paid under mistake of fact as to vendor's title, 36 A.L.R. 482.    Remedy of grantee in possession under deed with covenants of title, independently of those covenants, where the grantor's title is defective, 50 A.L.R. 180; 65 A.L.R. 1142.    Outstanding right of dower as breach of covenant of title or against encumbrances in deed or mortgage of real estate, 141 A.L.R. 482.    Marketability of title as affected by fact that grantor or mortgagor in chain of title acquired complete or perfect title after conveyance, 163 A.L.R. 437.   Specific performance at instance of purchaser with abatement for vendor's misrepresentation as to matters other than quantity or title, 7 A.L.R.2d 1331.   Broker's liability to prospective purchaser for refund of deposit or earnest money where contract fails because of defects in vendor's title, 38 A.L.R.2d 1382.   Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.   Application of provision in land purchase agreement that it shall be null unless marketable title is delivered, where defect in title is created or permitted by vendor subsequent to execution of agreement, 13 A.L.R.4th 927.
GA Code § 44-5-37 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-37. Applicability of Code Sections 53-2-112 Through 53-2-114 to Elections Under or Against Deed

 The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds.   (Orig. Code 1863, § 3096; Code 1868, § 3108; Code 1873, § 3165; Code 1882, § 3165; Civil Code 1895, § 4016; Civil Code 1910, § 4613; Code 1933, § 37-505.)   Cross references.   - Equitable principles governing elections between benefits, § 23-1-24.
GA Code § 44-5-38 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-38. Effect of Recital in Deed of Receipt of Purchase Money

 Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary.   (Orig. Code 1863, § 2657; Code 1868, § 2656; Code 1873, § 2698; Code 1882, § 2698; Civil Code 1895, § 3608; Civil Code 1910, § 4188; Code 1933, § 29-110.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 86. 28 Am. Jur. 2d, Estoppel and Waiver, § 11 et seq.   ALR.    - Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 A.L.R. 1184.   Estoppel of oil and gas lessee to deny lessor's title, 87 A.L.R.2d 602.
GA Code § 44-5-43 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-43. Effect of Adverse Possession on Making of Deed

 A deed to lands which is made while the lands are held adversely to the maker of the deed is not void.   (Ga. L. 1859, p. 24, § 1; Code 1863, § 2654; Code 1868, § 2653; Code 1873, § 2695; Code 1882, § 2695; Civil Code 1895, § 3605; Civil Code 1910, § 4185; Code 1933, § 29-107.)   Cross references.   - Nature of title by prescription, § 44-5-160 et seq.   JUDICIAL DECISIONS    Section changes the rule of common law and the Statute of Henry VIII. Gresham v. Webb, 29 Ga. 320 (1859); Reed v. Janes, 84 Ga. 380, 11 S.E. 401 (1890); Tucker v. McArthur, 103 Ga. 409, 30 S.E. 283 (1898) (see O.C.G.A. § 44-5-43).    Section applies to sales of all kinds of property. Downing Lumber Co. v. Medlin & Sundy, 136 Ga. 665, 72 S.E. 22 (1911) (see O.C.G.A. § 44-5-43).    Cited in Booth v. Young, 149 Ga. 276, 99 S.E. 886 (1919); Chattanooga Iron & Coal Corp. v. Shaw, 157 Ga. 869, 122 S.E. 597 (1924); Williamson v. Key, 179 Ga. 502, 176 S.E. 373 (1934); Delray, Inc. v. Reddick, 194 Ga. 676, 22 S.E.2d 599 (1942).   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 162.   ALR.    - Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.   Possession of mortgagor or successor in interest as adverse to purchaser at foreclosure sale, 38 A.L.R.2d 348.
GA Code § 44-5-44 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-44. Estoppel From Claiming Adversely to Own Deed

 The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to sell and convey the property treated in the deed.   (Orig. Code 1863, § 2658; Code 1868, § 2657; Code 1873, § 2699; Code 1882, § 2699; Civil Code 1895, § 3609; Civil Code 1910, § 4189; Code 1933, § 29-111.)   Law reviews.   - For comment on Perkins v. Rhodes, 192 Ga. 331, 15 S.E.2d 426 (1941), see 4 Ga. B.J. 41 (1941). For comment criticizing Franks v. Sparks, 217 Ga. 117, 121 S.E.2d 27 (1961), holding right of entry not alignable or assignable, see 24 Ga. B.J. 363 (1962).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Applicability   Illustrative Cases    RESEARCH REFERENCES   ALR.    - Tender of deed as condition precedent to action for purchase price or on note therefor, 35 A.L.R. 108.    Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of credit not directly within protection of recording acts, 52 A.L.R. 183.    Rule of estoppel by conveyance or transfer to set up title subsequently acquired by grantor or transferrer as applicable to conveyance or transfer by executor, administrator, or testament trustee, 93 A.L.R. 231.    Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.    Estoppel of wife (or her privies) who joins in husband's deed or mortgage to assert title or interest, other than dower homestead rights, superior to that of grantee or mortgagee, 107 A.L.R. 309.    Nature of conveyance or covenants which will create estoppel to assert after-acquired title in real property, 144 A.L.R. 554.   Estoppel of oil and gas lessee to deny lessor's title, 87 A.L.R.2d 602.
GA Code § 44-5-45 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-45. When Ancient Deed Admissible Without Proof of Execution

 Reserved. Repealed by Ga. L. 2011, p. 99, § 82/HB 24, effective January 1, 2013.   Editor's notes.   - This Code section was based on Orig. Code 1863, § 2659; Code 1868, § 2658; Code 1873, § 2700; Code 1882, § 2700; Civil Code 1895, § 3610; Civil Code 1910, § 4190; Code 1933, § 29-112. For comparable provisions, see § 24-8-803.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
GA Code § 44-5-46 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-46. Establishment of Copy of Deed Upon Loss of Original; Effect of Copy

 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.   (Laws 1785, Cobb's 1851 Digest, p. 166; Laws 1799, Cobb's 1851 Digest, p. 463; Code 1863, § 2660; Code 1868, § 2659; Code 1873, § 2701; Code 1882, § 2701; Civil Code 1895, § 3611; Civil Code 1910, § 4191; Code 1933, § 29-113.)   RESEARCH REFERENCES   C.J.S.   - 76 C.J.S., Records, § 43.   ALR.    - Right of action to restore lost deed, 31 A.L.R. 552.
GA Code § 44-5-47 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-47. Liability of Purchaser for Costs of Conveyance

 Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance.   (Civil Code 1895, § 3528; Civil Code 1910, § 4108; Code 1933, § 29-115.)
GA Code § 44-5-48 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-48. Deeds Conveying Interest in Real Property Used as Commercial Landfill

  All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, "commercial landfill" means an area where materials have been deposited for a fee.   This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property.   Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale.     (Code 1981, §44-5-48, enacted by Ga. L. 1988, p. 821, § 2.)   Cross references.   - Prohibition on construction activity on abandoned landfills, § 8-6-1 et seq.
GA Code § 44-5-59 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 3 - Covenants and Warranties|§ 44-5-59. Covenant Running With the Land Between Property Owner and Third Party

 Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property's owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and a third party agree to such covenant, the property is adequately described in such covenant, and such covenant does not run for more than 20 years.    (Code 1981, §44-5-59, enacted by Ga. L. 2013, p. 776, § 1/HB 175.)   Editor's notes.   - Ga. L. 2013, p. 776, § 2/HB 175, not codified by the General Assembly, provides that this Code section shall apply to covenants recorded on or after July 1, 2013.   Law reviews.   - For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).