reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 15 - COMMERCIAL REAL ESTATE BROKER LIENS (§§ 44-14-600 — 44-14-605) › Section 44-14-603 - Priority of liens

Prior recorded liens and liens for ad valorem taxes shall have priority over a broker's lien.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 15 - COMMERCIAL REAL ESTATE BROKER LIENS (§§ 44-14-600 — 44-14-605) › Section 44-14-604 - Escrow to release claim for lien that would prevent closing of transaction or conveyance

Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transaction or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim for lien. The requirement to establish an escrow account, as provided for in this Code section, shall not be cause for any party to refuse to close the transaction. These moneys shall be held in escrow until the parties' rights to the escrowed moneys have been determined by written agreement of the parties, by a court of law, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or claim of lien shall be automatically dissolved. Upon the release of the commercial real estate lien by the broker, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker's claim and the escrow shall not be released until a resolution is reached and agreed to by all necessary parties or ordered by a court. The parties are not required to follow this escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to the transferee in the transaction. If the proceeds from the transaction are insufficient to release all liens claimed against the commercial real estate, including the broker's lien, then the parties are not required to follow the escrow procedure in this Code section.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 15 - COMMERCIAL REAL ESTATE BROKER LIENS (§§ 44-14-600 — 44-14-605) › Section 44-14-605 - Release or satisfaction of lien on occurrence of condition precluding broker from receiving compensation; suit to enforce lien; when lien invalid; when right to file and record lien dissolved

(a)
Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien.
(b)
Upon written demand of the owner, lienee, or other authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 90 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner required by Chapter 11 of Title 9, the "Georgia Civil Practice Act," for the service of a summons and complaint.
(c)
Whenever a claim for lien has been timely filed with the clerk of the superior court and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this part, the lien shall be invalid and the broker shall acknowledge satisfaction or release of the lien, in writing, on written demand of the owner within 30 days after payment or expiration of the time in which to perfect the lien. This release of the broker shall not be required to invalidate the lien.
(d)
The broker's right to file and record a lien provided for in this part shall be dissolved if the owner, purchaser from owner, lender providing a loan secured by commercial real estate, or other holder of lienable interest in commercial real estate shows that:
(1)
The lien has been waived in writing by the lien claimant or its expressly authorized agent; or
(2)
The owner or a person at whose instance the brokerage or management services were provided has given a sworn written statement that all such compensation due or to become due has been paid or has been waived in writing by the potential lien claimant; and
(3)
At the time the sworn written statement was obtained or given as part of a bona fide sale or a loan secured by the commercial real estate, the lien of record had not been previously canceled, dissolved, or expired.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 9 - LIS PENDENS (§§ 44-14-610 — 44-14-613) › Section 44-14-610 - Necessity of recordation for operation of lis pendens as to real property

(a)
No action, whether seeking legal or equitable relief or both, as to real property in this state shall operate as a lis pendens as to any such real property involved therein until there shall have been filed in the office of the clerk of the superior court of the county where the real property is located a notice of the institution of the action containing the names of the parties, the time of the institution of the action, the name of the court in which it is pending, a description of the real property involved, and a statement of the relief sought regarding the property, provided that:
(1)
The real property is involved in a civil action into which realty is actually and directly brought by the pleadings in a pending suit and in which relief is sought regarding that particular property; and
(2)
Any person with a claim of a legal or equitable interest in such real property shall have the right to intervene and file a motion to object in the civil action to the filing of the lis pendens, and, if so filed, the court shall review and make a determination within 60 days of such filing, unless otherwise extended by the court, as to whether:
(A)
The filing of the lis pendens meets the requirements of this paragraph. If the court finds that such filing does not meet the requirements of this paragraph, the court shall enter an order canceling the lis pendens; and
(B)
The filer of the lis pendens shall be required to pay or post into the court's registry a bond in an amount to be determined by the court.
(b)
During the pendency of the civil action, the court may enter an order canceling the lis pendens, on the court's own motion or on the motion of a party to the underlying action, upon a showing that the real property is no longer involved in the pending action.
Amended by 2023 Ga. Laws 338,§ 1-1, eff. 7/1/2023, app. to any lis pendens filed in the office of the clerk of the superior court on or after 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 9 - LIS PENDENS (§§ 44-14-610 — 44-14-613) › Section 44-14-611 - Lis pendens docket; indexing; recording fees

The clerks of the superior courts of this state shall record all notices of lis pendens on real property filed with them and shall be allowed a fee, as required by subparagraph (f)(1)(A) of Code Section
15-6-77
, for recording the lis pendens in the lis pendens docket.
Amended by 2023 Ga. Laws 338,§ 1-2, eff. 7/1/2023, app. to any lis pendens filed in the office of the clerk of the superior court on or after 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 9 - LIS PENDENS (§§ 44-14-610 — 44-14-613) › Section 44-14-612 - Entry of dismissal, settlement, or final judgment

Upon the dismissal of any action or cancellation pursuant to subsection (a) of Code Section
44-14-610
or when a settlement or final judgment is entered therein, or upon order of the court, the party initiating the filing of a lis pendens shall file a release of the lis pendens with the clerk of the superior court of each county where the lis pendens was recorded.
Amended by 2023 Ga. Laws 338,§ 1-3, eff. 7/1/2023, app. to any lis pendens filed in the office of the clerk of the superior court on or after 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 9 - LIS PENDENS (§§ 44-14-610 — 44-14-613) › Section 44-14-613 - Effect of article on other laws

(a)
This article shall in no way affect or alter the laws of this state with respect to personal property.
(b)
This article shall in no way affect or alter the laws of this state with respect to judgments, executions, and attachments; the liens they create; their enforceability; the recording of executions in general execution dockets; the notice given by the recording; or otherwise.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-1 - Short title

This chapter shall be known and may be cited as the "Uniform Prudent Management of Institutional Funds Act."
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-2 - Definitions

As used in this chapter, the term:
(1)
"Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.
(2)
"Endowment fund" means an institutional fund, or any part thereof, that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term shall not include assets that an institution designates as an endowment fund for its own use.
(3)
"Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4)
"Institution" means:
(A)
A person, other than an individual, organized and operated exclusively for charitable purposes;
(B)
A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and
(C)
A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5)
"Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term shall not include:
(A)
Program related assets;
(B)
A fund held for an institution by a trustee that is not an institution; or
(C)
A fund in which a beneficiary who is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(6)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7)
"Program related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-4 - Management of institutional funds for endowment

(a)
Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1)
The duration and preservation of the endowment fund;
(2)
The purposes of the institution and the endowment fund;
(3)
General economic conditions;
(4)
The possible effect of inflation or deflation;
(5)
The expected total return from income and the appreciation of investments;
(6)
Other resources of the institution; and
(7)
The investment policy of the institution.
(b)
To limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section, a gift instrument shall specifically state the limitation.
(c)
Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only income, interest, dividends, or rents, issues, or profits, or to preserve the principal intact, or other words of similar meaning shall:
(1)
Create an endowment fund of permanent duration, unless otherwise provided by the gift instrument for limiting the duration of such fund; and
(2)
Not otherwise limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-5 - Delegation of management of funds

(a)
Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1)
Selecting an agent;
(2)
Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3)
Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b)
In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c)
An institution that complies with subsection (a) of this Code section shall not be liable for the decisions or actions of an agent for the performance of a delegated function.
(d)
By accepting the delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e)
An institution may delegate management and investment functions to its committees, officers, or employees as otherwise authorized by law.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-6 - Modification of restrictions

(a)
If the donor or a donor's designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution.
(b)
The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.
(c)
If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard.
(d)
If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:
(1)
The institutional fund subject to the restriction has a total value of less than $100,000.00;
(2)
More than 20 years have elapsed since the institutional fund was established; and
(3)
The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-7 - Compliance with provisions; effective date

Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. This chapter applies to institutional funds existing on or established after July 1, 2008. As applied to institutional funds existing on July 1, 2008, this chapter governs only decisions made or actions taken on or after that date. This chapter shall not authorize electronic delivery of any legally required notice.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 15 - PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS (§§ 44-15-1 — 44-15-8) › Section 44-15-8 - Uniformity with law of other states

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Amended by 2008 Ga. Laws 423,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-1 - Short title

This chapter may be known as and may be cited as the "Uniform Environmental Covenants Act."
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-2 - Definitions

As used in this chapter, the term:
(1)
"Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2)
"Agency" means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3)
"Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4)
"Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
(5)
"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(A)
Under a federal or state program governing environmental remediation of real property;
(B)
Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(C)
Under a state voluntary clean-up program.
(6)
"Holder" means the grantee of an environmental covenant as specified in subsection (a) of Code Section
44-16-3
.
(7)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-3 - Holders of environmental covenants; rights of agency; rules

(a)
Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.
(b)
A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property.
(c)
An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law.
(d)
The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(1)
An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;
(2)
The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;
(3)
A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association; and
(4)
An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-4 - Requirements for environmental covenant

(a)
An environmental covenant shall:
(1)
State that the instrument is an environmental covenant executed pursuant to this chapter;
(2)
Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed;
(3)
Describe the activity and use limitations on the real property;
(4)
Identify every holder;
(5)
Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and
(6)
Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b)
In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1)
Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(2)
Requirements for periodic reporting describing compliance with the covenant;
(3)
Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4)
A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5)
Limitation on amendment or termination of the covenant in addition to those contained in Code Sections
44-16-9
and
44-16-10
; and
(6)
Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section
44-16-11
.
(c)
In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
(d)
The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (1) through (6) of subsection (a) of Code Section
44-16-7
have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-5 - Enforcement of environmental covenant

(a)
An environmental covenant that complies with this chapter runs with the land.
(b)
An environmental covenant that is otherwise effective shall be valid and enforceable even if:
(1)
It is not appurtenant to an interest in real property;
(2)
It can be or has been assigned to a person other than the original holder;
(3)
It is not of a character that has been recognized traditionally at common law;
(4)
It imposes a negative burden;
(5)
It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6)
The benefit or burden does not touch or concern real property;
(7)
There is no privity of estate or contract;
(8)
The holder dies, ceases to exist, resigns, or is replaced; or
(9)
The owner of an interest subject to the environmental covenant and the holder are the same person.
(c)
An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2008, shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument.
(d)
This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
Amended by 2019 Ga. Laws 321,§ 44, eff. 5/12/2019.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-6 - Environmental covenant restrictions

This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-7 - Validation of environmental covenant

(a)
A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to:
(1)
Each person that signed the covenant;
(2)
Each person holding a recorded interest in the real property subject to the covenant;
(3)
Each person in possession of the real property subject to the covenant;
(4)
Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located;
(5)
Each owner in fee simple whose property abuts the property subject to the environmental covenant; and
(6)
Any other person the agency requires.
(b)
The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-8 - Recording of amendments or termination of environmental covenant

(a)
An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(b)
Except as otherwise provided in subsection (c) of Code Section
44-16-9
, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-9 - Limitation of environmental covenant

(a)
An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is:
(1)
By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(2)
Terminated by consent pursuant to Code Section
44-16-10
;
(3)
Terminated pursuant to subsection (b) of this Code section;
(4)
Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(5)
Terminated or modified in an eminent domain proceeding, but only if:
(A)
The agency that signed the covenant is a party to the proceeding;
(B)
All persons identified in subsections (a) and (b) of Code Section
44-16-10
are given notice of the pendency of the proceeding; and
(C)
The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(b)
If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections (a) and (b) of Code Section
44-16-10
have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article 1 of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
(d)
An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections
44-5-60
and
44-5-168
.
Amended by 2019 Ga. Laws 321,§ 44, eff. 5/12/2019.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-10 - Amendment or termination; interest in environmental covenant not affected by amendment; role of court

(a)
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1)
The agency;
(2)
The current owner of the fee simple of the real property subject to the covenant;
(3)
Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4)
Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder.
(b)
If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c)
Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment.
(d)
Except as otherwise provided in an environmental covenant:
(1)
A holder may not assign its interest without consent of the other parties; and
(2)
A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section.
(e)
A court of competent jurisdiction may fill a vacancy in the position of holder.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-11 - Liability for violation and enforcement of environmental covenant

(a)
A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1)
A party to the covenant;
(2)
The agency;
(3)
Any person to whom the covenant expressly grants power to enforce;
(4)
Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;
(5)
A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(6)
A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.
(b)
This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.
(c)
A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-12 - Maintenance of registry

The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes of Article 4 of Chapter 18 of Title 50.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-13 - Rules and regulations; fees

The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter.
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 16 - UNIFORM ENVIRONMENTAL CONVENANTS ACT (§§ 44-16-1 — 44-16-14) › Section 44-16-14 - Electronic signatures and delivery

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. Section 7001
et seq.) but shall not modify, limit, or supersede Section 101 of such Act (
15 U.S.C. Section 7001(a)
) or authorize electronic delivery of any of the notices described in Section 103 of such Act (
15 U.S.C. Section 7003(b)
).
Added by 2008 Ga. Laws 794,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-1 - [Definitions]

As used in this chapter, the term:
(1)
"Interest in real estate" means any estate or interest in, over or under land, including surface, minerals, structures, fixtures, and easements.
(2)
"Joint owner" means a person that owns an interest in real estate as a joint tenant with right of survivorship.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-2 - [Transfer-on-death deed]

(a)
An interest in real estate may be titled in a transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the record owner. A transfer-on-death deed need not be supported by consideration.
(b)
The signature, consent, or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
(c)
To accept real estate pursuant to a transfer-on-death deed, a designated grantee beneficiary shall execute an affidavit affirming:
(1)
Verification of the record owner's death;
(2)
Whether the record owner and the designated grantee beneficiary were married at the time of the record owner's death; and
(3)
A legal description of the real estate.
(d)
The designated grantee beneficiary shall attach a copy of the record owner's death certificate to the affidavit provided for in subsection (c) of this Code section. For a record owner's death occurring on or after July 1, 2024, the designated grantee beneficiary shall record such affidavit and related documents with the office of the clerk of superior court of the county where the real estate is located within nine months of the record owner's death or the interest in the property shall revert to the deceased record owner's estate; provided, however, that for a record owner's death occurring before July 1, 2024, such recording of the affidavit provided for in subsection (c) of this Code section and related documents by the designated grantee beneficiary or beneficiaries shall not be subject to the nine-month time limitation.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-3 - [Transfer-on-death form]

An interest in real estate may be titled in a transfer-on-death form by executing, attesting, and recording in the office of the clerk of superior court of the county where the real estate is located, prior to the death of the record owner, a deed in substantially the following form:
"AFTER RECORDING, PLEASE RETURN TO:
_______________________________
(Name)
_______________________________
_______________________________
(Address)
STATE OF _________
COUNTY OF _______
TRANSFER-ON-DEATH DEED UNDER O.C.G.A. § 44-17-3
THIS INDENTURE is made the _________ day of __________, 20__, between ___________________ (name of record owner), a resident of ________ (hereinafter called "Grantor"), and ____________________, a resident of ____ (hereinafter called "Grantee").
WITNESSETH:
Grantor, being of competent mind and having the legal capacity to execute this document, as record owner, does hereby grant, bargain, sell, transfer, alien, convey, and confirm on death to Grantee, as beneficiary, the following described interest in real estate:
(insert description of the interest in real estate).
TO HAVE AND TO HOLD the said described property, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE, but subject to the following limitations: THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS GRANTOR FOR THIS INTEREST IN REAL ESTATE. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN.
Grantor will warrant and forever defend the right and title to the said described property unto the said Grantee against the claims of all persons claiming by, under or through Grantor, subject to the restrictions and limitations set forth in this instrument.
IN WITNESS WHEREOF, the Grantor(s) declare(s) that this deed is a revocable transfer-on-death deed of the real property described herein and has(ve) signed and sealed this deed, the day and year above written.
___________________________________ (SEAL)
(Signature of Grantor)
___________________________________ (SEAL)
(Signature of Grantor)
Signed, sealed, declared and delivered in the presence of:
___________________________________
Unofficial Witness
___________________________________
Notary Public
My Commission Expires:
(SEAL)"
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-4 - [Revocation of beneficiaries]

(a)
A record owner of an interest in real estate who has titled such interest in a transfer-on-death deed form and designated a beneficiary or beneficiaries in the manner provided in this chapter may revoke such designation of the grantee beneficiary or beneficiaries at any time prior to the death of such record owner, by executing, acknowledging, and recording in the office of the clerk of superior court of the county where the real estate is located an instrument revoking such designation. The instrument of revocation shall refer to the initial transfer-on-death deed, shall be signed by the record owner or such record owner's duly authorized attorney-in-fact, and such signature shall be attested by an officer as provided in Code Section
44-2-15
and attested by two other witnesses. Such revocation may be included in another deed or other instrument of conveyance that is recorded. The signature, consent, or agreement of or notice to the designated grantee beneficiary or beneficiaries to the revocation shall not be required.
(b)
A record owner of an interest in real estate who has titled such interest in a transfer-on-death deed form and designated a beneficiary or beneficiaries in accordance with this chapter may change such designation of the grantee beneficiary or beneficiaries at any time prior to the death of such record owner, by executing, acknowledging, and recording in the office of the clerk of superior court of the county where the real estate is located a subsequent transfer-on-death deed in accordance with this chapter. The signature, consent, or agreement of or notice to the designated grantee beneficiary or beneficiaries shall not be required. A subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by the record owner for the interest in real estate.
(c)
A transfer-on-death deed executed, acknowledged, and recorded in accordance with this chapter may not be revoked by the provisions of a will.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-5 - [Rights of grantee beneficiary or beneficiaries of transfer-on-death deed on death of record owner]

(a)
A grantee beneficiary or the beneficiaries of a transfer-on-death deed shall take the interest in real estate of the record owner at the death of such record owner, free and clear of any claims or interest as to a person who became the spouse of the record owner subsequent to the execution of the transfer-on-death deed, subject to all recorded conveyances, assignments, contracts, mortgages, liens, and security pledges made by the record owner or to which the record owner was subject during the lifetime of such record owner including, but not limited to, any recorded executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property; provided, however, that a nonconsensual lien against the grantee beneficiary or beneficiaries shall not attach to the property until the recording of the affidavit described in Code Section 44-17-2.
(b)
If one or more of the designated grantee beneficiaries dies prior to the death of the record owner, the transfer to those beneficiaries who predecease the record owner shall lapse and shall be deemed revoked. In the event the grantee beneficiary or beneficiaries are designated in the deed to be joint tenants with right of survivorship, the death of one or more of the designated grantee beneficiaries prior to the death of the record owner shall not invalidate an otherwise validly created joint tenancy estate as to those designated grantee beneficiaries who are living at the time of the death of the record owner.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-6 - [Use of transfer-on-death form by record joint owner]

A record joint owner of an interest in real estate may use the provisions of this chapter to title the interest in a transfer-on-death form; provided, however, that title to the interest shall vest in the designated grantee beneficiary or beneficiaries only if the record joint owner is the last to die of all of the record joint owners of the interest. A deed in a transfer-on-death form shall not sever a joint tenancy.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 17 - TRANSFER ON DEATH (§§ 44-17-1 — 44-17-7) › Section 44-17-7 - [Record owners during lifetime]

A record owner who executes a transfer-on-death deed shall remain the legal and equitable owner until the death of such record owner, and during his or her lifetime shall be considered an absolute owner with regard to creditors and purchasers.
Added by 2024 Ga. Laws 496,§ 3, eff. 7/1/2024.