reglab/housing_qa huggingface dataset:
GA Code § 44-5-62 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 3 - Covenants and Warranties|§ 44-5-62. General Warranty - Scope

 A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances.   (Orig. Code 1863, § 2662; Code 1868, § 2661; Code 1873, § 2703; Code 1882, § 2703; Civil Code 1895, § 3614; Civil Code 1910, § 4194; Code 1933, § 29-303.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 237.   C.J.S.   - 33 C.J.S., Exchange of Property, § 9 et seq.   ALR.    - Unfounded outstanding claims to or against real property as breach of covenants of deed, 5 A.L.R. 1084.    Equitable or incipient easement as breach of covenant against encumbrances, 16 A.L.R. 1066.    Affirmative covenants as running with land, 41 A.L.R. 1363; 102 A.L.R. 781; 118 A.L.R. 982.    Encumbrance undischarged and unenforced as affecting rights and damages under a covenant against encumbrances, 44 A.L.R. 410.    Duty of purchaser of real property to disclose to the vendor facts or prospects affecting the value of the property, 56 A.L.R. 429.    Encroachment of building upon adjoining property or street as breach of covenant in deed of property on which building is located, 60 A.L.R. 234.    Easement as breach of covenant against encumbrances, 64 A.L.R. 1479.    Unpaid public improvement as constituting breach of covenant or a defect in the vendor's title, 72 A.L.R. 302.    Garage or filling station as breach of restrictive covenant, 99 A.L.R. 541.    Measure of damages for breach of covenant of title in conveyance or mortgage of real property, 100 A.L.R. 1194.    Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.    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.    What amounts to constructive eviction which will support action for breach of covenant of warranty or for quiet enjoyment, 172 A.L.R. 18.   Use of property by college fraternity or sorority as violation of restrictive covenant, 7 A.L.R.2d 436.   Condemnation, proceeding therefor, or prospect thereof, as affecting marketability of title, 21 A.L.R.2d 792.   Validity, construction, and effect of land sale contract providing that title must be satisfactory to purchaser, 47 A.L.R.2d 455.   Party walls and party-wall agreements as affecting marketability of title, 81 A.L.R.2d 1020.   When statute of limitations starts to run against action for breach of covenant of warranty or of seizin, 95 A.L.R.2d 913.
GA Code § 44-5-65 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 3 - Covenants and Warranties|§ 44-5-65. Action for Breach of Warranty - Necessity for Offer to Rescind; Mitigation of Damages

 To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages.   (Orig. Code 1863, § 2666; Code 1868, § 2662; Code 1873, § 2704; Code 1882, § 3616; Civil Code 1895, § 3616; Civil Code 1910, § 4196; Code 1933, § 29-305.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 237.
GA Code § 44-5-67 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 3 - Covenants and Warranties|§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages

 Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure of damages. However, if the vendee has bought up the outstanding title, only the actual damage sustained by him may be recovered.   (Orig. Code 1863, § 2890; Code 1868, § 2898; Code 1873, § 2949; Code 1882, § 2949; Civil Code 1895, § 3805; Civil Code 1910, § 4401; Code 1933, § 20-1413.)   Law reviews.   - For comment, "Georgia Installment Sale Contracts - A Time for Reform," see 39 Mercer L. Rev. 651 (1988).   JUDICIAL DECISIONS    Statute does not apply unless all the land is lost. McConnell v. White, 91 Ga. App. 92, 85 S.E.2d 75 (1954) (see O.C.G.A. § 44-5-67).    Right of assignee on a bond are those held by the assignor. Peterson v. Harper, 13 Ga. App. 112, 78 S.E. 942 (1913).   Vendee's option of treating vendor's resale as rescission or breach of bond.    - Vendee has the option of treating a resale of property to a third person, before the vendor has fully rescinded the contract because of a default in payment by the vendee, either as a rescission of the sale or as a breach of the bond. Buck v. Duvall, 9 Ga. App. 656, 72 S.E. 44 (1911).   Measure of damages.    - Jury shall ascertain the value of the land at the time of the breach, and add interest thereon, and return the total amount in solido. Gibson v. Carreker, 82 Ga. 46, 9 S.E. 124 (1889).    Setoff of the actual cost of purchasing a title is permitted in an action by the warrantor on a note. Hull v. Harris, 64 Ga. 309 (1879).    Bond for title is evidence, in a suit for breach of warranty in the deed, to show that the defendants were bound to make plaintiff a good warranty title. Clark v. Whitehead, 47 Ga. 516 (1873).    Cited in McLaren v. Irvin, 63 Ga. 275 (1879); Hull v. Harris, 64 Ga. 309 (1879).   RESEARCH REFERENCES   C.J.S.   - 21 C.J.S., Covenants, § 80 et seq.   ALR.    - Reduction of claim under contract as affecting right to interest, 89 A.L.R. 678.   Measure and amount of damages recoverable under supersedeas bond in action involving recovery or possession of real estate, 9 A.L.R.3d 330.   Vendor and purchaser: marketability of title as affected by lien dischargeable only out of funds to be received from purchaser at closing, 53 A.L.R.3d 678.   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 § 44-5-110 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-110. Short Title

 This article shall be known and may be cited as "The Georgia Transfers to Minors Act."    (Code 1981, §44-5-110, enacted by Ga. L. 1990, p. 667, § 1.)   Law reviews.   - For annual survey of wills, trusts, and administration of estates, see 42 Mercer L. Rev. 491 (1990).   JUDICIAL DECISIONS    Cited in Baird v. Baird, 258 Ga. 186, 367 S.E.2d 37 (1988); Brandenburg v. Brandenburg, 274 Ga. 183, 551 S.E.2d 721 (2001).
GA Code § 44-5-111 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-111. Definitions

 As used in this article, the term:    "Adult" means an individual who has attained the age of 21 years.   "Benefit plan" means an employer's plan for the benefit of an employee or partner or an individual retirement account.   "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.   "Court" means the probate court in the county where the minor resides, or, if the minor is not a resident of this state, the probate court in the county where the custodian resides or has his principal place of business or where the custodial property is located.   "Custodial property" means any interest in property transferred to a custodian under the authority of this article and the income from and proceeds of that interest in property.   "Custodian" means a person so designated under Code Section 44-5-119 or a successor or substitute custodian designated under Code Section 44-5-128.   "Financial institution" means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law.   "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.   "Legal representative" means an individual's personal representative or guardian.   "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.   "Minor" means an individual who has not attained the age of 21 years.   "Person" means an individual, corporation, organization, or other legal entity.   "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.   "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.   "Transfer" means a transaction that creates custodial property under Code Section 44-5-119.   "Transferor" means a person who makes a transfer under the authority of this article.   "Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers in this state.     (Code 1981, §44-5-111, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, § 1.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 1.
GA Code § 44-5-112 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-112. Applicability of Article

  This article applies to a transfer that refers to "The Georgia Transfers to Minors Act" in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.   A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.   A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.     (Code 1981, §44-5-112, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 2.   ALR.    - Gift of savings deposit by delivery of passbook, 40 A.L.R. 1249; 84 A.L.R. 558.    Delivery as essential to gift of tangible chattels or securities by written instrument, 63 A.L.R. 537; 48 A.L.R.2d 1405.    Delivery which will support gift of an undivided interest in a chattel or chose in action, 145 A.L.R. 1386.   Opening savings account in sole name of another, without complete surrender of passbook, as a gift, 1 A.L.R.2d 538.
GA Code § 44-5-113 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-113. Nomination of Custodian

  A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance by the words: "as custodian for ________________________ (name of minor) under 'The Georgia Transfers to Minors Act.' " The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve.The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is delivered to the payor, issuer, or other obligor of the contractual rights.   A custodian nominated under this Code section must be a person to whom a transfer of property of that kind may be made under subsection (a) of Code Section 44-5-119.   The nomination of a custodian under this Code section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Code Section 44-5-119.Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Code Section 44-5-119.     (Code 1981, §44-5-113, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, §§ 2 et seq., 36, 81, 91.   C.J.S.   - 38 C.J.S., Gifts, §§ 11, 76, 77, 79 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 3.   ALR.    - When may gift by will or deed of trust be considered as one to a class, 75 A.L.R. 773; 61 A.L.R.2d 212.   Opening savings account in sole name of another, without complete surrender of passbook, as a gift, 1 A.L.R.2d 538.   Wills: gift to persons individually named but also described in terms of relationship to testator or another as class gift, 13 A.L.R.4th 978.
GA Code § 44-5-114 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-114. Irrevocable Gift or Exercise of Power of Appointment Made Under Code Section 44-5-119

 A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Code Section 44-5-119.    (Code 1981, §44-5-114, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, §§ 3, 4.   C.J.S.   - 38 C.J.S., Gifts, § 34. 39 C.J.S., Guardian and Ward, § 70 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 4.
GA Code § 44-5-115 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-115. Irrevocable Transfer by Personal Representative or Trustee to Custodian for Minor's Benefit

  A personal representative or trustee may make an irrevocable transfer pursuant to Code Section 44-5-119 to a custodian for the benefit of a minor as authorized in the governing will or trust.   If the testator or settlor has nominated a custodian under Code Section 44-5-113 to receive the custodial property, the transfer must be made to that person.   If the testator or settlor has not nominated a custodian under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of Code Section 44-5-119, which designation may include the personal representative or the trustee.     (Code 1981, §44-5-115, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, § 7.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 70 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 5.
GA Code § 44-5-116 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-116. Irrevocable Transfer by Personal Representative, Trustee, or Guardian to Custodian

  Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the personal representative or the trustee) for the benefit of a minor pursuant to Code Section 44-5-119, in the absence of a will or under a will or trust that does not contain an authorization to do so.   Subject to subsection (c) of this Code section, a guardian may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the guardian) for the benefit of the minor pursuant to Code Section 44-5-119.   A transfer under subsection (a) or (b) of this Code section may be made only if:   The personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor;   The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and   The transfer is authorized by the court as in the best interest of the minor if such transfer, combined with all prior transfers to the minor under this Code section, in the aggregate exceeds $10,000.00 in value.       (Code 1981, §44-5-116, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Gifts, § 4.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 218 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 6.
GA Code § 44-5-117 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-117. Transfers by Other Persons to Custodian

  Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section 44-5-119.   If a person having the right to do so under Code Section 44-5-113 has nominated a custodian under that Code section to receive the custodial property, the transfer must be made to the custodian so designated.   If no custodian has been nominated under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Code section may be made to an adult member of the minor's family or to a trust company as custodian for the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor.     (Code 1981, §44-5-117, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Gifts, § 4.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 10 et seq., 199, 200, 221.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 7.
GA Code § 44-5-118 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-118. Effect of Custodian's Written Acknowledgment of Delivery

 A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article.    (Code 1981, §44-5-118, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, § 4.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 41 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 8.
GA Code § 44-5-120 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-120. Single Custodianship

 A transfer may be made only for one minor, and only one person may be custodian.All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship.    (Code 1981, §44-5-120, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, § 7.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 20 et seq.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 10.
GA Code § 44-5-121 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 5 - The Georgia Transfers to Minors Act|§ 44-5-121. Validity of Transfer

  The validity of a transfer made in a manner prescribed in this article is not affected by:   Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control;   Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of Code Section 44-5-119; or   Death or incapacity of a person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian or the disclaimer of the office by that person.     A transfer made pursuant to Code Section 44-5-119 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither that minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article.   By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article.     (Code 1981, §44-5-121, enacted by Ga. L. 1990, p. 667, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gifts, § 7.   U.L.A.   - Uniform Transfers to Minors Act (U.L.A.) § 11.