reglab/housing_qa huggingface dataset:
GA Code § 44-2-120 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-120. Furnishing and Maintaining Register Books; Issuance of Owner's Certificate of Title

  The governing authority of each county shall provide the following books for the clerk of the superior court in the county:   A book, to be known as the "register of decrees of title," in which the clerk shall enroll, register, and index all decrees of title;   A book, to be known as the "title register" and to be prepared, printed, and ruled in substantially the manner as provided in Code Section 44-2-234, in which the clerk shall enroll, register, and index the certificate of title provided for in this part and all subsequent transfers of title and note all voluntary or involuntary transactions in any way affecting the title to said land which are authorized to be entered thereon; and   Such additional books as may, from time to time, be necessary.     Upon the registration of the decree and certificate of title, the clerk shall issue, under the seal of his office, an owner's certificate of title which shall be delivered to the owner or his duly authorized agent or attorney.    (Ga. L. 1917, p. 108, § 28; Code 1933, § 60-401.)   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, § 18.
GA Code § 44-2-121 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-121. Signing and Dating Register Entries and Owners' Certificates

 Every entry made in the register of decrees of title, in the title register, or upon the owner's certificate under any of the provisions of this article shall be signed by the clerk and dated with the year, month, day, hour, and minute accurately stated.   (Ga. L. 1917, p. 108, § 29; Code 1933, § 60-402.)   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, § 18.
GA Code § 44-2-122 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-122. Clerk's Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction

  The clerk of the superior court shall determine whether any instrument, writing, record, or other matter is in proper shape for registration and shall correctly and legally make the registration, including all formal incidents thereto. The clerk shall be liable to any injured person for any failure of duty in this respect.   All registrations of title and all entries and notations made by him upon the title register of transfers or of the cancellation or discharge of liens or encumbrances shall be prima facie conclusive. Unless a caveat shall be filed, as provided for in Code Section 44-2-134, seeking to set aside, modify, or otherwise affect such entry, notation, or registration, within 12 months from the date of the making of the same upon the title register, the same shall become absolutely conclusive upon all persons. This subsection shall be considered and construed as a statute of limitations against the questioning of the correctness of the clerk's action and shall be without exception on account of disabilities but shall not operate as a limitation in favor of the clerk regarding any action against him for wrongdoing or neglect of duty.   In the event application is made to a clerk to have any transfer or other transaction registered or noted and he is in doubt as to whether the same should be registered, entered, or noted or is in doubt in regard to any detail thereof, either the clerk or any party at interest may petition the judge of the court for direction. After it has appeared that the parties at interest have had reasonable notice, the judge may proceed to hear the matter and to give directions and instructions to the clerk; and it shall be the duty of the clerk to follow the directions and instructions of the court.   In all matters required of the clerk under this article, he shall be subject to the direction and orders of the court.    (Ga. L. 1917, p. 108, § 59; Code 1933, § 60-413.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 173.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 42.   ALR.   - Transferees entitled to protection under Torrens Act certificate of title, 42 A.L.R.2d 1387.
GA Code § 44-2-123 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-123. Clerk's Duty to Ensure Proper Execution of Voluntary Transfer; Liability for Damage or Loss Arising From Registration of Improperly Executed Transfer

 Before registering any voluntary transfer, the clerk shall satisfy himself that the same is witnessed and attested or acknowledged in accordance with law. The clerk and the sureties on his bond shall be liable for any loss or damage occasioned to any person through registration of a transfer not so executed.   (Ga. L. 1917, p. 108, § 106; Code 1933, § 60-411.)
GA Code § 44-2-124 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-124. Performance of Duties Upon Disqualification, Death, or Disability of Clerk

 If a clerk of the superior court is disqualified by reason of relationship, interest, or any other cause or in case of the death or other disability of the clerk to act in any matter arising under this article, the duties required of the clerk may be performed either by the judge of the probate court of the county or by a special clerk appointed by the judge for that purpose. The entry of the appointment of the special clerk and of the purpose for which he is appointed shall be entered and recorded upon the minutes of the court.   (Ga. L. 1917, p. 108, § 69; Code 1933, § 60-414.)
GA Code § 44-2-126 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-126. Notation of Lien or Encumbrance on Certificate of Title - in General

 Any writing or instrument for the purpose of encumbering or otherwise dealing with equitable interests in registered land or tending to show a claim of lien or encumbrance thereon or right therein may be noted on the certificate of title in the title register with such effect as it may be entitled to have.   (Ga. L. 1917, p. 108, § 51; Code 1933, § 60-404.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, §§ 45, 46.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 27, 28.
GA Code § 44-2-127 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-127. Notation of Lien or Encumbrance on Certificate of Title - Registered Encumbrances, Rights, and Adverse Claims

 All registered encumbrances, rights, or adverse claims affecting registered estates shall continue to be noted upon every outstanding certificate of title and owner's certificate until they have been released or discharged unless they relate to only a particular portion of the property, in which case they shall be noted only upon those certificates and duplicate certificates which relate to that portion of the property.   (Ga. L. 1917, p. 108, § 39; Code 1933, § 60-405.)
GA Code § 44-2-128 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-128. Registration of Transactions Affecting Unregistered Land as Notice

 Every voluntary or involuntary transaction which if recorded, filed, or entered in any clerk's office would affect unregistered land shall, if duly registered on the title register, be notice to all persons from the time of such registration and shall operate in accordance with law and this article upon such registered land.   (Ga. L. 1917, p. 108, § 40; Code 1933, § 60-406.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 10, 20.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 28.   ALR.    - Failure properly to index conveyance or mortgage of realty as affecting constructive notice, 63 A.L.R. 1057.
GA Code § 44-2-129 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-129. Registration of Involuntary Transactions on Court's Order; Form

 Except as otherwise provided in this article, in cases of involuntary transactions no transfer of the title shall be registered except upon an order granted by the judge of the court in the form substantially provided in Code Section 44-2-244.   (Ga. L. 1917, p. 108, § 41; Code 1933, § 60-407.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 51.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 38.
GA Code § 44-2-130 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-130. Cancellation of Decedent's Certificate and Issuance of New Certificate to Personal Representative

 Upon the grant of letters of administration or executorship by the probate court and upon presentation of a certified copy of the letters to the clerk of the superior court together with the presentation of the owner's certificate, the clerk shall make a special entry on the certificate of title on the title register showing the presentation of the letters of administration or executorship, the name of the representative, the court and county of his appointment, and the dates of the letters and of the transfer of the title to the representative. The clerk shall thereupon cancel the certificate of title and the owner's certificate outstanding in the name of the decedent and shall issue to the administrator or the executor, as the case may be, a new owner's certificate. If the decedent was the owner of only a fractional undivided interest in the title and the outstanding certificate stood in the name of the decedent and others or if from any other cause the decedent was not the sole owner of the certificate, the outstanding certificates shall nevertheless be canceled and a new certificate registered and a new owner's certificate issued with the name of the personal representative substituted for the name of the decedent.   (Ga. L. 1917, p. 108, § 44; Code 1933, § 60-408.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 45.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 5.
GA Code § 44-2-132 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-132. Compelling Production of Owner's Certificate for Registration of Involuntary Transfer; Cancellation of Certificate Upon Failure to Produce It; Notice of Cancellation

 Whenever an involuntary transfer is sought to be registered under this article and the owner's certificate is not produced so that it can be attached to the order directing a transfer, the court shall have the power to issue a subpoena for the production of documentary evidence or any other process designed to compel the production of the owner's certificate, including attachment for contempt. If, after the process issues, the owner's certificate is not produced or if it appears to the court that there is no practical means of compelling its production, the court may nevertheless grant the order of transfer but shall cause the clerk to enter a cancellation of the certificate of title on the title register and to give notice once a week for four weeks in the newspaper in which the sheriff's sales of the county are advertised that such certificate has been canceled; the cost of making the advertisement shall be deposited with the clerk before the judge shall grant the order of transfer without the production of the certificate.   (Ga. L. 1917, p. 108, § 52; Code 1933, § 60-410.)   RESEARCH REFERENCES   ALR.   - Lis pendens: grounds for cancellation prior to termination of underlying action, absent claim of delay, 49 A.L.R.4th 242.
GA Code § 44-2-133 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner's Certificate

 Whenever an owner's certificate of title is lost or destroyed, the owner or his personal representative may petition the court for the issuance of a duplicate. Notice of the petition shall be published once a week for four successive weeks in the newspaper in which the sheriff's sales of the county are published; provided, however, that the court may in any case order additional notice to be given, either by publication or otherwise, before directing the issuance of a duplicate certificate; and provided, further, that where the petition is presented by a personal representative of a deceased person claiming that the certificate was lost or destroyed while in the possession of the decedent, the notice of the petition shall be published once a week for eight successive weeks instead of the four weeks required in other cases. Upon satisfactory proof having been exhibited before it that the certificate has been lost or destroyed, the court may direct the issuance of a duplicate certificate which shall be appropriately designed and shall take the place of the original owner's certificate.   (Ga. L. 1917, p. 108, § 58; Code 1933, § 60-412.)
GA Code § 44-2-134 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat

  If any person at interest objects to any entry, registration, or notation made by the clerk upon the title register, he may, unless such entry, registration, or notation has become conclusive by lapse of time under Code Section 44-2-122, file with the clerk of the superior court a caveat setting forth the entry, notation, or registration to which he objects, what interest he has in the subject matter, and the ground of his objection and praying for such relief as he desires and deems appropriate under the circumstances. The clerk shall note upon the title register the fact that a caveat has been filed and by whom and to what entry, notation, or act of registration it applies.   After the filing of the caveat has been noted, the matter shall be presented to the judge who shall order all persons at interest to show cause on a day named why the relief prayed for in the caveat should not be granted. Upon proof being made that due notice has been given to all parties at interest, the judge shall proceed to hear the matter and shall render a judgment of the court giving direction to the matter and may thereupon require such entry, registration, or notation to be canceled or modified and may require the outstanding certificate of title and owner's certificate to be modified accordingly. To that end the court may require the outstanding owner's certificate of title to be brought into court by subpoena for the production of documentary evidence or other process, including attachment for contempt; and, if the court finds that production of the certificate cannot be compelled, it shall provide for publication of notice of the court's action thereon for a period of time not less than once a week for four weeks in the newspaper in which the sheriff's sales of the county are advertised, the expense of making the publication to be provided for in such manner as the court shall order.    (Ga. L. 1917, p. 108, § 60; Code 1933, § 60-416.)   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, § 27.
GA Code § 44-2-135 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-135. Obtaining Notations in Title Register

 In order to cause notations of judgments, liens, encumbrances, or special rights of any kind, other than voluntary transactions, claimed by any person against registered land to be made, the person desiring the notation shall, by himself, his agent, or his attorney, file, upon a form substantially in compliance with Code Sections 44-2-246 through 44-2-248, a request for the notation to be made setting forth the claim against the registered land; and, in case the lien or special rights relate to any other matter of record or court proceeding, he shall state the book and page where recorded and, if it relates to any special right, shall succinctly give the details of the right so claimed. In case the notation is for the purpose of protecting the lien of a judgment, the person making the application for the notation shall produce and exhibit to the clerk the execution or a certified copy of the judgment except in cases where the judgment is rendered in the superior court of the same county where the registration is made, in which event production of the execution or certified copy of the judgment shall not be required; but the clerk may act upon inspection of the original judgment on the minutes of his own court.   (Ga. L. 1917, p. 108, § 61; Code 1933, § 60-417.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 39.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 27.
GA Code § 44-2-137 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-137. What Adverse Claims Affect Registered Land; Effect of Fraud or Forgery; Limitations on Actions to Set Aside

  Except in cases of fraud or forgery to which he is a party or to which he is a privy without valuable consideration paid in good faith, every registered owner of any estate or interest in land brought under this article shall hold the land free from any and all adverse claims, rights, or encumbrances not noted on the certificate of title in the title register except:   Liens, claims, or rights arising or existing under the laws or Constitution of the United States which the laws of this state cannot require to appear of record under registry laws;   Taxes and levies assessed for the current calendar year;   Any lease for a term not exceeding three years under which the land is actually occupied; and   Highways in public use and railroads in actual operation.     No proceedings to attack or to set aside any transaction for such fraud or such forgery referred to in this Code section shall be brought or be entertained by any court unless the same is brought within seven years from the date of the transaction or of the registration to which the same relates. Nothing in this subsection shall conflict with the provisions of this article allowing attack for good cause to be made upon a registration made by the clerk at any time within 12 months from the date of such registration.    (Ga. L. 1917, p. 108, § 63; Code 1933, § 60-419.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, §§ 9, 20, 23.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 19, 21, 22, 24.   ALR.   - Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500.   Transferees entitled to protection under Torrens Act certificate of title, 42 A.L.R.2d 1387.   Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.
GA Code § 44-2-138 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence

 Notwithstanding any other provision of this article, any injured party may bring an action against any person or officer through whose fraud or negligence he may have suffered any loss or damage arising out of any acts of omission or of commission of such person or officer in connection with the matters and things arising from this article. All such actions shall be governed by the statutes of limitation which would otherwise relate to the transaction.   (Ga. L. 1917, p. 108, § 84; Code 1933, § 60-420.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 9.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 24.   ALR.   - Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500.   Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.
GA Code § 44-2-139 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-139. Registration and Title Certificate to Run With Land

 Reserved. Repealed by Ga. L. 1989, p. 563, § 1, effective April 3, 1989.   Editor's notes.   - This Code section was based on Ga. L. 1917, p. 108, § 64; Code 1933, § 60-421.
GA Code § 44-2-140 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land

 Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession.   (Ga. L. 1917, p. 108, § 66; Code 1933, § 60-423; Ga. L. 1989, p. 563, § 2.)   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 315 (1989).   JUDICIAL DECISIONS    Cited in Lankford v. Dockery, 85 Ga. App. 86, 67 S.E.2d 800 (1951).   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, § 25.
GA Code § 44-2-141 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-141. Rights, Burdens, and Incidents as to Both Registered and Unregistered Land; Validity of Transfers of Title by Last Registered Owner

 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.   (Ga. L. 1917, p. 108, § 73; Code 1933, § 60-424; Ga. L. 1952, p. 164, § 2; Ga. L. 1989, p. 563, § 3.)   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, §§ 19, 25.