reglab/housing_qa huggingface dataset:
GA Code § 44-2-13 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-13. Rerecording Instruments Upon Creation of New County or Change in County Lines; Effect on Validity of Original Record

  When the creation of a new county or a change in county lines causes land to be included in a different county than that in which it was situated at the time of the recording of a deed, mortgage, or other lien therein, any holder of such a deed, mortgage, or other lien may have such instrument rerecorded in the office of the clerk of the superior court of the county in which the land is newly situated. If the original of such deed, mortgage, or other lien is lost, a certified copy thereof from the record where the same was recorded may in like manner be rerecorded in the county in which the land affected is newly situated. Upon payment of the recording fees, it shall be the duty of the clerk of the superior court of the county where the instrument is rerecorded to cause the deed, mortgage, or other lien to be entered upon the proper records for such papers; and the clerk shall note on the record book the date of the original recording and the book and page or pages upon which the deed or mortgage or other lien was originally recorded.   The rerecording of a deed, mortgage, or other lien pursuant to subsection (a) of this Code section shall not affect the validity of the original record as notice.    (Ga. L. 1908, p. 95, §§ 1, 2; Civil Code 1910, §§ 4200, 4201; Code 1933, §§ 29-403, 29-404.)   Cross references.   - Filing of survey and plat of county for which boundaries have been changed, § 36-3-5.   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 72.   C.J.S.   - 26A C.J.S., Deeds, § 159.
GA Code § 44-2-14 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-14. Requirements for Recordation

  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.   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.   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.   Subsection (b) of this Code section does not apply to the following:   An affidavit or instrument executed before July 1, 1994;   A decree, order, judgment, or writ of any court;   A will; or   Any plat.      (Laws 1785, Cobb's 1851 Digest, p. 164; Laws 1827, Cobb's 1851 Digest, pp. 171, 172; Laws 1839, Cobb's 1851 Digest, p. 177; Laws 1850, Cobb's 1851 Digest, pp. 180, 181; Ga. L. 1849-50, p. 149, § 1; Ga. L. 1853-54, p. 26, § 1; Code 1863, § 2668; Code 1868, § 2664; Code 1873, § 2706; Code 1882, § 2706; Ga. L. 1893, p. 37, § 1; Civil Code 1895, § 3620; Civil Code 1910, § 4202; Ga. L. 1924, p. 83, § 1; Ga. L. 1931, p. 153, § 1; Code 1933, § 29-405; Ga. L. 1963, p. 188, § 39; Ga. L. 1994, p. 1943, § 1; Ga. L. 2012, p. 173, § 1-33/HB 665.)    The 2012 amendment,  effective July 1, 2012, in the first sentence of subsection (a), substituted "Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before" for "Before" at the beginning and substituted "shall be an original instrument and shall be" for "must be" near the end.   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 101.   C.J.S.   - 26A C.J.S., Deeds, §§ 382 et seq., 394.   ALR.    - Acknowledgment or oath over telephone, 12 A.L.R. 538; 58 A.L.R. 604.    Sufficiency of certificate of acknowledgment, 29 A.L.R. 919.
GA Code § 44-2-15 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-15. Officers Authorized to Attest Registrable Instruments

 Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the General Assembly. With the exception of notaries public and judges of courts of record, such officers may attest such instruments only in the county in which they respectively hold their offices.   (Laws 1785, Cobb's 1851 Digest, p. 164; Laws 1827, Cobb's 1851 Digest, pp. 171, 172; Laws 1839, Cobb's 1851 Digest, p. 177; Laws 1850, Cobb's 1851 Digest, pp. 180, 181; Ga. L. 1849-50, p. 149, § 1; Ga. L. 1853-54, p. 26, § 1; Code 1863, § 2668; Code 1868, § 2664; Code 1873, § 2706; Code 1882, § 2706; Ga. L. 1893, p. 37, § 1; Civil Code 1895, § 3620; Civil Code 1910, § 4202; Ga. L. 1924, p. 83, § 1; Ga. L. 1931, p. 153, § 1; Code 1933, § 29-406; Ga. L. 1951, p. 15, § 1; Ga. L. 1983, p. 884, § 4-1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 99.   C.J.S.   - 26A C.J.S., Deeds, §§ 68, 69.
GA Code § 44-2-16 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-16. Effect of Acknowledgment Subsequent to Execution

 If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section 44-2-15, that fact, certified on the deed by such officer, shall entitle it to be recorded.   (Laws 1785, Cobb's 1851 Digest, p. 164; Laws 1827, Cobb's 1851 Digest, pp. 171, 172; Laws 1839, Cobb's 1851 Digest, p. 177; Laws 1850, Cobb's 1851 Digest, pp. 180, 181; Ga. L. 1849-50, p. 149, § 1; Ga. L. 1853-54, p. 26, § 1; Code 1863, § 2668; Code 1868, § 2664; Code 1873, § 2706; Code 1882, § 2706; Ga. L. 1893, p. 37, § 1; Civil Code 1895, § 3620; Civil Code 1910, § 4202; Ga. L. 1924, p. 83, § 1; Ga. L. 1931, p. 153, § 1; Code 1933, § 29-408.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, §§ 98, 99.   ALR.    - Acknowledgment or oath over telephone, 12 A.L.R. 538; 58 A.L.R. 604.
GA Code § 44-2-17 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-17. Validity of Attestation by a State or County Officer Who Appears to Have No Jurisdiction to Attest the Instrument

  As used in this Code section, the term "state" means any one of the states of the United States and any territories and possessions of the United States, including the District of Columbia, Puerto Rico, and the Virgin Islands.   Wherever a deed, mortgage, bond for title, or other recordable instrument appears by its caption to have been executed in one state or county and the official attesting witness appears to be an officer of a different state or of another county, which official would not have jurisdiction to witness instruments in the state or county named in the caption, the instrument, notwithstanding its caption, shall be conclusively considered and construed to have been attested by the officer in the state or county in which he has authority to act. Such deed, mortgage, bond for title, or other recordable instrument so witnessed shall be entitled to be recorded if in other respects it is so entitled.    (Ga. L. 1918, p. 209, § 1; Ga. L. 1923, p. 111, § 1; Code 1933, § 29-407; Ga. L. 1951, p. 29, § 1; Ga. L. 1976, p. 521, § 1.)
GA Code § 44-2-19 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-19. Recording Deed on Affidavit of Third Person

 If the subscribing witness or witnesses are dead, are insane, have moved outside the state, or are otherwise incapacitated to make the affidavit provided for in Code Section 44-2-18, the affidavit of a third person testifying to the execution of the deed and to the genuineness of the handwriting of the subscribing witness or witnesses shall be sufficient to admit the deed to record.   (Laws 1838, Cobb's 1851 Digest, p. 176; Laws 1841, Cobb's 1851 Digest, p. 178; Ga. L. 1858, p. 53, § 1; Code 1863, § 2670; Code 1868, § 2666; Code 1873, § 2708; Code 1882, § 2708; Civil Code 1895, § 3624; Civil Code 1910, § 4206; Code 1933, § 29-411.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 99.
GA Code § 44-2-21 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-21. Recording Instrument Executed Out of State; Attestation and Acknowledgment; Validity of Attestation by Officer Who Appears to Have No Jurisdiction to Attest the Instrument

  To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before:   A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact;   A judge of a court of record in the state or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge;   A clerk of a court of record under the seal of the court; or   A notary public or justice of the peace of the county or city of the state or the state and the county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, city, or country of the residence of such notary or justice of the peace.     A deed to realty must be attested by two witnesses, one of whom may be one of the officials named in subsection (a) of this Code section.   Wherever any deed to realty or personalty executed outside this state appears by its caption to have been executed in one state and county and the official attesting witness appears to be an official of another state or county, which official would not have jurisdiction to witness such deed in the state and county named in the caption, the deed, notwithstanding the caption, shall be conclusively considered and construed to have been attested by the officer in the state and county in which he had authority to act.   This Code section shall not apply to transactions covered by Article 9 of Title 11.    (Ga. L. 1895, p. 73, § 1; Civil Code 1895, § 3621; Ga. L. 1900, p. 52, § 1; Civil Code 1910, § 4203; Ga. L. 1912, p. 71, § 1; Ga. L. 1924, p. 58, § 1; Code 1933, § 29-409; Ga. L. 1951, p. 261, § 1; Ga. L. 1962, p. 156, § 1; Ga. L. 1982, p. 3, § 44.)   Cross references.   - General provision that no seal is required for notary's attestation of deeds, § 45-17-6.   Law reviews.   - For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Decisions Prior to Art. 9, T. 11    OPINIONS OF THE ATTORNEY GENERAL    Word "seal" is reflective of standard mode of notarization at time of statute's original enactment. 1975 Op. Att'y Gen. No. U75-53 (see O.C.G.A. § 44-2-21).   Rubber stamp qualifies as "seal".   - Deeds executed in states allowing notaries public to use a rubber stamp in indelible ink, in lieu of a raised seal, qualify for recordation in Georgia. 1975 Op. Att'y Gen. No. U75-53.
GA Code § 44-2-23 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-23. When Deed Serves as Evidence; Effect of Affidavit Alleging Forgery

 Reserved. Repealed by Ga. L. 2011, p. 99, § 78/HB 24, effective January 1, 2013.   Editor's notes.   - This Code section was based on Laws 1812, Cobb's 1851 Digest, p. 167; Laws 1827, Cobb's 1851 Digest, p. 172; Laws 1841, Cobb's 1851 Digest, p. 178; Ga. L. 1855-56, p. 143, § 1; Code 1863, § 2674; Code 1868, § 2670; Code 1873, § 2712; Code 1882, § 2712; Civil Code 1895, § 3628; Civil Code 1910, § 4210; Code 1933, § 29-415. For present 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 § 44-2-24 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant

 Where an affidavit of forgery has been filed to the plaintiff's deed, and the deed has been turned over to the defendant or his counsel in order to procure evidence upon the issue of forgery, and such deed is destroyed or lost by the defendant or his counsel or for any cause is not returned to the plaintiff, the judge trying the case shall strike the affidavit of forgery and withdraw the issue from the jury until the deed is produced. The same rule shall apply when the plaintiff files an affidavit of forgery as to the deed of the defendant.   (Ga. L. 1887, p. 60, §§ 1, 2; Civil Code 1895, § 3629; Civil Code 1910, § 4211; Code 1933, § 29-416.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, §§ 164, 167, 168.   ALR.    - Forgery as affecting registration under Torrens Act, 68 A.L.R. 357.   Forged deed or bond for title as constituting color of title, 68 A.L.R.2d 452.   Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.
GA Code § 44-2-25 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-25. Recording Techniques; Copies of Plats

 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.   (Ga. L. 1929, p. 321, § 1; Code 1933, § 29-420; Ga. L. 1950, p. 413, § 1; Ga. L. 2016, p. 193, § 4/HB 1004.)    The 2016 amendment,  effective January 1, 2017, substituted the present provisions of this Code section for the former provisions, which read: "All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of the superior court by the use of printing, typewriting, handwriting in ink, photostating, or photographing, which record shall be clear, legible, and permanent. The record may be made by any one or more of such methods. It shall be lawful to make a photostatic copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies or photostatic copies thereof shall serve all purposes and shall be as authentic as the originals."   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 270.   C.J.S.   - 26A C.J.S., Deeds, §§ 161, 162. 76 C.J.S., Records, § 3 et seq.   ALR.    - Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 A.L.R. 853; 56 A.L.R. 1217.    Duty of vendor as to abstract of title, 52 A.L.R. 1460.
GA Code § 44-2-26 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-26. Recording of Plat or Copy of Plat - When and Where Authorized; Duty of Clerk

 The owner of real property or of any interest therein or any holder of a lien thereon may file a plat of the property in the office of the clerk of superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat that conforms with Code Section 15-6-67.   (Ga. L. 1937, p. 746, § 1; Ga. L. 2012, p. 173, § 1-34/HB 665; Ga. L. 2016, p. 193, § 5/HB 1004.)    The 2012 amendment,  effective July 1, 2012, substituted "digital" for "photostatic" twice in this Code section, and added "that conforms with Code Section 15-6-67" at the end of the last sentence.    The 2016 amendment,  effective January 1, 2017, in the first sentence, substituted "may file a plat of the property in the office of the clerk of superior court" for "may have a plat of the property or a blueprint, tracing, digital copy, or other copy of a plat of the property recorded and indexed in the office of the clerk of the superior court", and deleted "or any blueprint, tracing, digital copy, or other copy of the plat" following "any plat" in the second sentence.   OPINIONS OF THE ATTORNEY GENERAL   Plats reduced in size.    - Clerks of superior courts may accept for recording plats which have been reduced in size if the plats comply with the requirements of O.C.G.A. § 44-2-26. 1989 Op. Att'y Gen. No. U89-4.   Photocopies of plats.    - Clerks of superior courts are not authorized under O.C.G.A. §§ 15-6-67 to15-6-69 to record photocopies of plats, although such a recording will not affect or invalidate any legal description or legal instrument based on such plat. 1989 Op. Att'y Gen. No. U89-4.
GA Code § 44-2-27 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-27. Recording of Plat - When Deemed Recorded

 When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat.   (Ga. L. 1937, p. 746, § 2; Ga. L. 2016, p. 193, § 6/HB 1004.)    The 2016 amendment,  effective January 1, 2017, substituted the present provisions of this Code section for the former provisions, which read: "When any plat or any blueprint, tracing, photostatic copy, or other copy of the plat is securely pasted or fastened in the book provided by the clerk for that purpose, such pasting or fastening shall be deemed a recording of the plat."
GA Code § 44-2-28 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-28. Recording of Plat or Copy of Plat - Incorporation by Reference

 When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which has been recorded as authorized in Code Section 44-2-26 and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic or digital copy, or other copy of the plat, the reference shall be equivalent to setting forth in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic or digital copy, or other copy thereof.   (Ga. L. 1937, p. 746, § 3; Ga. L. 1982, p. 3, § 44; Ga. L. 2016, p. 193, § 7/HB 1004.)    The 2016 amendment,  effective January 1, 2017, inserted "or digital" throughout this Code section.   OPINIONS OF THE ATTORNEY GENERAL    Plat may be referred to in conveyance  to aid in description of the property conveyed; such a plat need not be recorded to be utilized to aid in description; it is required that the plat be identified as the one referred to, and evidence of the plat's correctness shown; if these basic requirements are met, the court may even correct errors and deficiencies in the plat to develop a description of the property conveyed. 1973 Op. Att'y Gen. No. U73-19.   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, §§ 38 et seq, 50.   C.J.S.   - 26A C.J.S., Deeds, § 53 et seq.   ALR.    - Rights as between grantees in severalty of lots or parts of same tract, where actual measurements vary from those given in deeds or indicated on the map or plat, 97 A.L.R. 1227.   Conveyance of lot with reference to map or plat as giving purchaser rights in indicated streets, alleys, or areas not abutting his lot, 7 A.L.R.2d 607.
GA Code § 44-2-29 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 1 - Recording of Deeds and Other Real Property Transactions|§ 44-2-29. Recording of Plat or Copy of Plat - Ratification of Record Made Prior to Statutory Authorization; Effect of Incorporation by Reference of Plat Prior to Authorization

 Any plats or any blueprints, tracings, photostatic copies, or other copies of plats recorded prior to March 29, 1937, in the manner described in Code Section 44-2-26 are declared to have been duly recorded; and the reference in any deed, mortgage, or other instrument executed prior to March 29, 1937, to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat or on any blueprint, tracing, photostatic copy, or other copy of a plat recorded prior to March 29, 1937, in the manner described in Code Section 44-2-26 shall have the same effect as if the boundaries, metes, courses, or distances of the real estate were specifically set forth in the deed, mortgage, or other instrument.   (Ga. L. 1937, p. 746, § 5.)   RESEARCH REFERENCES   C.J.S.   - 26A C.J.S., Deeds, § 54 et seq.
GA Code § 44-2-35 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 1 - Recording|Part 2 - Uniform Real Property Electronic Recording|§ 44-2-35. Short Title

 This part shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."    (Code 1981, §44-2-35, enacted by Ga. L. 2009, p. 695, § 1/HB 127.)