reglab/housing_qa huggingface dataset:
GA Code § 44-2-69 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-69. Service Upon State, County, or Municipality

 If the petition discloses that it involves the determination of any public right or interest of this state or of any county or municipality thereof, the process or notice, in order to affect the state, the county, or the municipality, shall be served:    In the case of the state, upon the Attorney General;   In the case of a county, upon the judge of the probate court or, if the judge of the probate court is disqualified, upon the clerk of the superior court; or   In the case of a municipality, upon the mayor of the municipality or, if there is no mayor or if the mayor is disqualified, upon a majority of the members of the council or other governing body of the municipality.    (Ga. L. 1917, p. 108, § 11; Code 1933, § 60-211.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 10 et seq.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 9, 11.
GA Code § 44-2-70 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-70. Waiver or Acknowledgment of Service

 Any person entitled to notice or service of process under this article may waive such notice or service by a written acknowledgment of service or written waiver of service entered upon the petition or entitled in the cause and signed by such person in the presence of the judge of the superior court, the clerk of the superior court of the county, the examiner, or any other person or official authorized by law to administer oaths, to take acknowledgments, or to act as a notary public or official witness. His signature shall be attested by such officer.   (Ga. L. 1917, p. 108, § 12; Code 1933, § 60-212; Ga. L. 1945, p. 140, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 2, 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 1, 11, 22.
GA Code § 44-2-71 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-71. Conclusive Effect of Evidence of Service of Process and Notice; Liability of Officers for False Returns or Failure to Publish or Mail Notice

 Before passing the decree authorizing the registration of land, the court shall be satisfied that the publication of notice and service of process required by this article have been made. After judgment, the entry of service by the sheriff or his deputy shall be conclusive evidence and shall not be subject to traverse nor shall any acknowledgment of service be subject to traverse. The recital of the service of process and of the giving and publishing of notices contained in the decree or final judgment in the case shall be conclusive evidence that such service, publication, and notice have been legally given; provided, however, that nothing in this Code section shall prevent any aggrieved person from having a right of action against any sheriff who shall make a false return of service, or against any clerk or examiner who shall falsely attest a waiver or acknowledgment of service, or against any clerk who shall fail to publish the notice or to mail the notice required by this article.   (Ga. L. 1917, p. 108, § 13; Code 1933, § 60-213.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 2, 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 1, 11, 22.
GA Code § 44-2-72 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-72. Posting Notice on Land and Buildings; Ascertainment of and Notice to Occupants; Return to Court; Seizure and Custody of the Land and Attachment of Jurisdiction

  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.   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.   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.   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.   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.   The clerk shall attach to each owner's certificate of title a certified copy of the sheriff's return.    (Ga. L. 1917, p. 108, § 14; Code 1933, § 60-214; Ga. L. 1943, p. 326, § 1; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS    Cited in Hudson v. Varn Turpentine & Cattle Co., 176 Ga. 538, 168 S.E. 581 (1933).   RESEARCH REFERENCES   ALR.   - What is "public place" within requirements as to posting of notices, 90 A.L.R.2d 1210.
GA Code § 44-2-73 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-73. Effect of Notice; Appearances or Pleadings as Waiver of Service, Notice, and Defects

 The notices provided for and to be given under this article shall stand as personal service of process and shall be conclusive and binding on all persons so notified and on all the world. Appearances or pleadings in the case shall constitute a waiver of process and service and of notice and of any defect therein.   (Ga. L. 1917, p. 108, § 14; Code 1933, § 60-214.)
GA Code § 44-2-74 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-74. Service on Other Persons Found by Examiner to Be Entitled to Notice

 If the report of the examiner discloses that persons other than those who have been notified are entitled to notice, a copy of the petition shall be served upon such persons in the same manner as other persons named as defendants in the petition are required to be served by this article; and, in addition to the copy of the petition, there shall be attached a notice from the clerk directed to such person informing him that he shall appear and show cause against the judgment being rendered in the case, if any, within ten days from the date of the service of the notice. However, nothing in this Code section shall be construed to require the giving of additional notice by publication other than the published notice provided for in this article to nonresidents or persons who, by reason of absence from the state or by reason of their whereabouts being unknown, cannot be found and served with process.   (Ga. L. 1917, p. 108, § 17; Code 1933, § 60-215.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 11.
GA Code § 44-2-75 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-75. Additional Notice; Judge's Discretion

 Wherever notice is required by this article and no provision is made as to how notice shall be given or wherever, in the discretion of the judge, additional notice to that provided for in this article should be given to any particular person or persons or to the public generally, the judge may order such notice to be given and may provide the manner in which it shall be given.   (Ga. L. 1917, p. 108, § 72; Code 1933, § 60-216.)
GA Code § 44-2-76 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-76. Who May File Objections or Cross-Action to Petition

 Any person, whether notified or not, may become a party to the proceeding for the purpose of filing objections to the granting of the relief prayed for in the petition or any part thereof either by filing in court an answer showing that he claims some interest in the premises and stating the grounds of his objection or by filing a cross-action praying that the title to the land or some interest therein be decreed to be in him and be registered accordingly.   (Ga. L. 1917, p. 108, § 18; Code 1933, § 60-206.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 18.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 9.
GA Code § 44-2-77 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-77. Survey of Land Upon Order of Judge or Examiner; Notice to Adjoining Landowners; Protest; Procedure for Trying Issue

 While the cause is pending before the examiner of titles or at any time before final decree, the judge, or the examiner with the approval of the judge, may require the land to be surveyed by some competent surveyor and may order durable bounds to be set and a plat thereof to be filed among the papers of the suit. Before such survey is made, all adjoining landowners shall be given at least five days' notice. The petitioner or any adjoining owner dissatisfied with the survey may file a protest with the court within ten days from the time the plat is filed; and thereupon an issue shall be made up and tried as in case of protest to the return of land processioners.   (Ga. L. 1917, p. 108, § 22; Code 1933, § 60-217.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 19.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 14, 15.
GA Code § 44-2-78 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-78. Dismissal Without Prejudice

 If the petitioner's title is not and cannot be made proper for registration, the petition may, at the discretion of the court or the petitioner, be dismissed without prejudice on terms to be determined by the court.   (Ga. L. 1917, p. 108, § 23; Code 1933, § 60-218.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 12.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 13.
GA Code § 44-2-79 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-79. Amendment or Severance of Petitions or Other Pleadings; Power of Court or Examiner to Require Additional Facts

 Amendments to petitions or other pleadings, including joinder, substitution, or discontinuance of parties, the severance of pleadings, and the omission or severance of any portion or parcel of the land may be ordered or allowed by the court at any time before the final decree upon terms that may be just and reasonable. The court may require facts to be stated in the petition in addition to those prescribed by this article. The examiner shall have the same powers subject to review by exception to his reports.   (Ga. L. 1917, p. 108, § 24; Code 1933, § 60-219.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 10, 12.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 9, 11.
GA Code § 44-2-80 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-80. Treatment of Land Pending Registration; Appearance of Person Acquiring Interest in Land Pending Registration

 Pending registration, the land described in any petition may be dealt with as if no petition had been filed; but any person who shall acquire any interest in or claim against any such land shall at once appear as a petitioner or answer as a party defendant in the pleadings for registration, and such interest or claim shall be subject to the decree of the court.   (Ga. L. 1917, p. 108, § 25; Code 1933, § 60-220.)   Cross references.   - Filing notice of lis pendens, § 44-14-610.   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 18.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 9.
GA Code § 44-2-81 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-81. No Default Judgment or Decree

 No decree shall be rendered by default and without the necessary facts being shown.   (Ga. L. 1917, p. 108, § 21; Code 1933, § 60-221.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 20.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 16.
GA Code § 44-2-82 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-82. Entry of Judgment and Decree; Inclusion of Limitations and Encumbrances; Decree in Favor of Cross-Action; Separate Decree for Each Parcel

 After the record has been perfected and settled, the judge of the superior court shall proceed to decide the case; and if, upon consideration of such record, the title shall be found in the petitioner, the judge shall enter a decree to that effect ascertaining all limitations, liens, encumbrances, and the like and declaring the land entitled to registration according to his findings. Such decree shall be entered upon the minutes of the superior court and shall become a part of the records thereof. If, upon consideration of the record, the judge finds that the petitioner is not entitled to a decree declaring the land entitled to registration, he shall enter judgment accordingly. If any person shall have filed a cross-action praying for the title to be found in him, the judge may enter a decree to that effect in like manner ascertaining and declaring all limitations, liens, and the like and declaring the land entitled to registration according to his findings. If separate parcels shall be involved, the court shall render a separate decree as to each parcel; and the same shall be done where the petitioner has divided a tract into separately described parcels and has accurately described each parcel for separate registration.   (Ga. L. 1917, p. 108, § 26; Code 1933, § 60-222.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 20, 22.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 16.
GA Code § 44-2-83 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-83. Conclusiveness of Decree; Effect of Disability on Conclusiveness; Recourse of Persons Under a Disability Against Assurance Fund

 Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned by name in the order of publication or included under the general description "whom it may concern." It shall not be an exception to the conclusiveness of the decree that the person is a minor, is incompetent by reason of mental illness or intellectual disability, or is under any other disability; but said person may have an action against the assurance fund provided for in Part 6 of this article.   (Ga. L. 1917, p. 108, § 27; Code 1933, § 60-223; Ga. L. 2015, p. 385, § 4-8/HB 252.)    The 2015 amendment,  effective July 1, 2015, in the last sentence, substituted "intellectual disability" for "retardation" and inserted "other".   Cross references.   - Proceedings quia timet and proceedings to remove clouds upon titles, § 23-3-40 et seq.   Editor's notes.   - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"   JUDICIAL DECISIONS    Cited in Dyal v. Watson, 174 Ga. 330, 162 S.E. 682 (1932); Hudson v. Varn Turpentine & Cattle Co., 176 Ga. 538, 168 S.E. 581 (1933).   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 20, 22.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 16.
GA Code § 44-2-84 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 2 - Proceedings to Register|§ 44-2-84. Review by Court of Appeals

 All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Court of Appeals.   (Ga. L. 1917, p. 108, § 82; Code 1933, § 60-224; Ga. L. 2016, p. 883, § 3-9/HB 927.)    The 2016 amendment,  effective January 1, 2017, at the end of this Code section, substituted "Court of Appeals" for "Supreme Court". See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"   Ga. L. 2016, p. 883, § 6-1/HB 927, not codified by the General Assembly, provides, in part, that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."   Law reviews.   - For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 205 (2016).   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 23.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 17.
GA Code § 44-2-100 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 3 - Examiners|§ 44-2-100. Appointment and Qualification of Examiners and Special Examiners; Filing Order of Appointment and Affidavit

 The judge of the superior court of each judicial circuit shall appoint at least one auditor, who shall be known as the examiner, who shall discharge the duties provided for the examiner in this article but whose relation and accountability to the court shall be that of an auditor in the general practice existing in this state. The judge shall appoint as many examiners in the circuit as the public convenience may require in connection with the carrying out of this article; and the judge may, in any case, appoint a special examiner. Examiners shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. Each examiner must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. Each examiner shall take and file in the office of the clerk of the superior court of the county of his residence, along with the order of his appointment, an oath or affidavit substantially in the form prescribed in Code Section 44-2-228.   (Ga. L. 1917, p. 108, § 15; Code 1933, § 60-301.)   Cross references.   - Auditors generally, Ch. 7, T. 9.   JUDICIAL DECISIONS    Cited in Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 2.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 1, 22, 43.
GA Code § 44-2-102 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 3 - Examiners|§ 44-2-102. Hearing; Final Report; Delay of Hearing to Add New Parties; Notice

 As soon as practicable after the return day stated in the process, the examiner shall proceed to hear evidence and make up his final report to the court. However, if it has developed from the preliminary report filed by him that persons other than those named as defendants in the original petition are entitled to service or notice, the hearing shall not begin until after ten days from the date of the service of notice upon such persons. The examiner shall give notice of the time and place of the hearing to the petitioner and to persons who have filed any pleading in the case.   (Ga. L. 1917, p. 108, § 19; Code 1933, § 60-303.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 2, 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 8, 14, 15.
GA Code § 44-2-104 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 3 - Examiners|§ 44-2-104. Authority to Inspect Pertinent Records

 For the purposes of this article, every clerk of the superior court, every judge of the probate court, and every other officer in this state having charge of public records shall allow every examiner appointed by any court in this state free inspection of all the public records relating to his office and in any manner pertaining to any matter under the investigation of an examiner.   (Ga. L. 1917, p. 108, § 68; Code 1933, § 60-305; Ga. L. 1982, p. 3, § 44.)
GA Code § 44-2-105 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 3 - Examiners|§ 44-2-105. Appointment of Stenographer; Compensation

 In any case, by consent of the parties or upon the order of the judge, the examiner may procure the services of a stenographer to report the testimony taken before him. The stenographer's compensation, unless agreed on by the parties, shall be fixed by the judge and taxed as costs.   (Ga. L. 1917, p. 108, § 71; Code 1933, § 60-306.)