reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 3 - EXAMINERS (§§ 44-2-100 — 44-2-105) › Section 44-2-104 - Authority to inspect pertinent records

For the purposes of this article, every clerk of the superior court, every judge of the probate court, and every other officer in this state having charge of public records shall allow every examiner appointed by any court in this state free inspection of all the public records relating to his office and in any manner pertaining to any matter under the investigation of an examiner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 3 - EXAMINERS (§§ 44-2-100 — 44-2-105) › Section 44-2-105 - Appointment of stenographer; compensation

In any case, by consent of the parties or upon the order of the judge, the examiner may procure the services of a stenographer to report the testimony taken before him. The stenographer's compensation, unless agreed on by the parties, shall be fixed by the judge and taxed as costs.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-120 - Furnishing and maintaining register books; issuance of owner's certificate of title

(a)
The governing authority of each county shall provide the following books for the clerk of the superior court in the county:
(1)
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;
(2)
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
(3)
Such additional books as may, from time to time, be necessary.
(b)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-122 - Clerk's duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction

(a)
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.
(b)
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.
(c)
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.
(d)
In all matters required of the clerk under this article, he shall be subject to the direction and orders of the court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-134 - Filing caveat objecting to entry in title register; show cause hearing upon caveat

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-137 - What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside

(a)
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:
(1)
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;
(2)
Taxes and levies assessed for the current calendar year;
(3)
Any lease for a term not exceeding three years under which the land is actually occupied; and
(4)
Highways in public use and railroads in actual operation.
(b)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-139 - [Repealed] Registration and title certificate to run with land

Reserved. Repealed by Ga. L. 1989, p. 563, § 1, effective April 3, 1989.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-142 - Notation of change of name on register and certificate

Any person who has any interest in registered land and whose name has been changed by marriage or other cause may, by petition to the judge of the court and upon proof of the facts, obtain an order directing the clerk to note the change of name upon the title register and upon the owner's certificate upon its being produced.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-143 - Notation of liens and lis pendens on register; effect absent notation

No judgment, levy, or other lien except a lien for taxes for which special provision is made in this article shall be effective against registered land so as to affect any person taking a transfer thereof or obtaining any right or interest therein unless and until a notation of such judgment, levy, or lien is made upon the title register. The pendency of any action affecting the title to registered land or any interest therein shall not be held to be notice to any person other than the actual parties to such action unless a notation of the pendency of such action is made upon the title register.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 4 - REGISTERS AND REGISTRATION (§§ 44-2-120 — 44-2-144) › Section 44-2-144 - Freeing land from further registration; certificates as conclusive source of title; notation of encumbrances; when land automatically freed; registered land free of further registration; exception

(a)
The registered owner of the fee simple title to land may cause a transfer of the title to be registered to "himself, his heirs and assigns, free from further registration." Thereupon the land and the title thereto shall be free from the necessity of subsequent registration and shall, as to subsequent transactions, be exempt from this article so far as the interest of the person thus freeing it from registration and subsequent holders under him are concerned; but, as to such interest, the certificate of title and owner's certificate registered and issued on the last transfer shall stand as a conclusive source of subsequent title to the same extent as if it were a grant from the state. However, if the interest thus freed is, according to the title register, subject to liens, exceptions, encumbrances, trusts, or limitations of any kind, such liens, exceptions, encumbrances, trusts, or limitations shall not be affected but shall be noted on the owner's certificate as issued on the last transfer and shall be effective as long as they shall exist. If the fee simple is registered undividedly in the name of more than one person such as tenants in common or other like relationship of joint or common interest, it shall not be freed from registration except upon the unanimous action of the owners of the entire fee.
(b)
A decree of registration rendered on or after February 15, 1952, shall operate to free the registered land from further registration unless it expressly provides that the land shall remain subject to this article.
(c)
All lands heretofore registered in this state are declared to be free of further registration unless the order registering said title shall provide otherwise. The certificate of title and owner's certificate registered and issued on the last transfer shall stand as conclusive source of subsequent title. If the previously registered land has been devised, conveyed, or otherwise transferred by the last registered owner or said owner's representative, title shall vest in the party to whom the land was transferred or that party's heirs, successors, and assigns, notwithstanding the failure to have had the same transferred on the title register as provided in prior statutes; provided, however, if the land or interest freed is subject to a valid outstanding lien, exception, encumbrance, trust, or limitation according to the title register, the same shall not be affected but shall be effective as long as the same shall validly exist.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-160 - Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land

Deeds conveying title to all registered estates shall be recorded in the same manner as deeds conveying title to unregistered lands are recorded. All previous conveyances of interests in registered lands by the last registered owner or said owner's representatives, heirs, or assigns and recorded in the deed records in the office of the clerk of the superior court in which the land is situated shall be valid transfers of said interests. Upon request, the clerk of the superior court is authorized to note on the title register the information regarding the transfers and that the land is no longer required to be transferred on said register under this article, "The Land Registration Law."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-161 - Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates

(a)
Whenever a part of any registered land is to be transferred or conveyed, such transfer or conveyance shall be in a form substantially the same as that used for a total transfer; but it shall set forth particularly and specifically the portion of the land transferred, if it is an undivided interest, or, if it is a particular portion of the tract, it shall describe the portion accurately and definitely.
(b)
In case an undivided interest is transferred, upon presentation of the transfer together with the owner's certificate of title, the clerk shall not cancel the owner's certificate so presented nor the certificate of title on the title register but shall enter a notation of the partial transfer on the certificate of title, on the title register, and on the owner's certificate; and the clerk shall also register upon the title register a certificate of title in the name of the grantee of the undivided portion of the estate so transferred and shall issue him a corresponding owner's certificate setting out the part or amount of land transferred, as the case may be.
(c)
If the transfer is of a divided part of the land, the clerk shall first enter the fact of the transfer upon the certificate of title on the title register and shall cancel the certificate of title on the title register and the owner's certificate of title. Thereupon, he shall register separate new certificates of title on the title register, one in the name of the transferee for the portion of the tract conveyed to him and the other in the name of the transferor for the portion retained; and the clerk shall also issue separate new owners' certificates accordingly.
(d)
The clerk shall note upon the title register and the owners' certificates the reference and cross-reference to the certificates referred to in subsections (b) and (c) of this Code section.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-162 - Subdivision of registered land; procedure

The owner or owners of a tract of land embraced in a certificate may divide it into smaller tracts and, upon surrender of his or their owner's certificate, cause separate certificates to be issued for the respective smaller tracts. The procedure in such cases shall be for the owner or owners to petition the judge and to attach to or include within the petition a map or plat showing the tract as registered and the subdivision for which they desire the new certificates. The judge shall examine the petition and the plat and, if he is not fully satisfied that the content of the original tract is exactly equivalent to the sum of the contents of the smaller tracts into which it is subdivided, may order a survey at the owner's expense. If and when the judge is satisfied on this subject, he shall pass an order directing the clerk to cancel the certificate of title on the record upon surrender of the outstanding owner's certificate and to issue new and separate certificates of title and owners' certificates for the smaller tracts into which the original tract is subdivided, all of which new certificates shall carry the same limitations and notations as the canceled certificate, as in the case of a transfer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-163 - Conveyance to secure debt; form; notation and registration; creditor's certificate

The owner of any registered land who desires to convey the land as security for debt and with power of sale without foreclosure may do so by a short form of transfer substantially in the form provided in Code Section
44-2-241
. The form shall be signed and properly acknowledged or attested as if it were a deed to land and shall be presented together with the owner's certificate to the clerk. The clerk shall note on the owner's certificate and on the certificate of title in the title register the name of the creditor, the amount of debt, and the date of maturity of the debt and shall show that a creditor's certificate has been issued therefor. When only a part of the registered estate is so conveyed, the clerk shall note on the book and the owner's certificate the part so conveyed. The clerk shall retain, number, and file away the instrument of transfer and shall issue and deliver to the creditor a creditor's certificate, over his hand and seal, setting out the portion so conveyed. All registered encumbrances, rights, or adverse claims affecting the estate represented thereby which are in existence at the time the creditor's certificate is issued shall be noted thereon.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-164 - Assignment or negotiation of creditor's certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation

The creditor's certificate shall be assignable or negotiable to the same extent as the note or other evidence of indebtedness secured thereby may be, but assignments or transfers of the creditor's certificate need not be noted on the title register. A transfer or assignment of the indebtedness shall operate to transfer the creditor's certificate securing the same in like manner and to the same extent as is set forth in Code Section
10-3-1
, relating to the case of transfer of indebtedness secured by mortgage, unless otherwise agreed between the parties. The creditor's certificate may be surrendered and canceled at any time by the owner thereof. It shall be the creditor's duty to surrender the certificate and give an order for cancellation of the same when the debt is paid. If he refuses, he may be compelled by the court to do so and in any proper case the judge may order a cancellation on the title register. Upon presentation of an order of cancellation with the surrendered creditor's certificate or upon presentation of the judge's order directing cancellation, the clerk shall enter a notation of the same in the register of titles and on the owner's certificate of title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-165 - Sale by holder of creditor's certificate; application for transfer to purchaser; opportunity to object to transfer; order of application of sale proceeds

If the debt secured by a creditor's certificate or any part thereof becomes due and unpaid, the holder of the creditor's certificate may, after advertising the property for sale in the manner prescribed by law for advertising sheriff's sales of land, sell the property at auction before the courthouse door of the county and sell it to the highest and best bidder for cash. The sale need not be conducted by the creditor or holder of the creditor's certificate personally but may be conducted through any agent or attorney. The holder of the certificate, his agent, or his attorney shall thereupon make an oath to the facts and apply to the judge for an order of transfer to the purchaser. The application shall be accompanied by a certified copy of the certificate of title from the title register as of the date of the sale. The judge shall cause at least five days' notice to be given to the debtor and to any persons who, according to the title register, have acquired any interest in the property subsequent to the issuance of the creditor's certificate; and, if no objections are made or if objections are made after a hearing, the judge shall grant an order of transfer with such directions for cancellation of other certificates and entries and otherwise as shall be in accordance with the justice of the case and with the spirit of this article. The proceeds of the sale shall be applied first to the payment of the costs of advertising the sale and obtaining the judge's order of transfer, then to the payment of the debt, and any remainder shall be paid to the debtor or his order.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-166 - Transfer to secure debt; notation of bond for title or to reconvey

Nothing in this article shall prevent the owner of land from transferring his registered title as security for debt or from causing the title to be registered in the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and, if bond for title or bond to reconvey is given, it may be noted on the certificate of title on the title register and on the owner's certificate, provided it is attested or acknowledged as if it were a deed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-167 - Validity and priority of unrecorded transfers of owner's certificate to registered lands

Unrecorded transfers of owner's certificate to registered lands shall have the same validity as unrecorded deeds of conveyance. The validity and priority of unrecorded transfers shall be governed by Code Sections
44-2-1
,
44-2-3
, and
44-2-4
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-168 - [Repealed] Descent of registered land as personalty

Reserved. Repealed by Ga. L. 1989, p. 563, § 7, effective April 3, 1989.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-169 - Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer

Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in the due course of administration. The heirs at law or beneficiaries entitled by law to the real estate shall have the same power of requiring a transfer of such estate as if it were personal estate.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-170 - Right of personal representative to have registered land transferred to him where such land transferred to heirs before his appointment; action against heirs who have improperly appropriated land

After a transfer of registered land has been made to the heirs at law or to the widow claiming to be the sole heir as stated in Code Section
44-2-131
, a personal representative appointed at any time thereafter to administer the estate of the decedent shall not be entitled to have such registered land transferred to him for purposes of administration; but, if it appears that the heirs have appropriated to their use and ownership property which should have been appropriated to the purposes of administration, the personal representative of the decedent shall have a right of action against the heirs for the value of the property so appropriated, the judgment in such action to be molded according to the exigencies of the particular case, in accordance with the principles of equity.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-171 - Procedure for ascertaining, and transfer to, heirs or beneficiaries

(a)
Whenever an administrator who has caused registered land to be transferred into his name stands ready to be discharged, if it is not necessary to sell such registered land for the purposes of administration and it should properly go to the heirs at law of the decedent, such administrator may institute a proceeding substantially similar to that prescribed in Code Section
44-2-131
for the ascertainment of the heirs at law and for an order directing the transfer of such estate from him to such heirs.
(b)
If a trustee holds title to registered land and the beneficiaries of the trust are not definitely and particularly disclosed, if it becomes appropriate that they be definitely ascertained, such trustee may in like manner petition the court, upon showing that the trust has become executed, for a decree settling and ascertaining who the beneficiaries are and directing a transfer to such beneficiaries.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-172 - Transfer by clerk pursuant to judgment; production of copy of decree and order

Wherever, as the result of a proceeding in any court, it is adjudged that a transfer of registered land should be made, such transfer may be made by the clerk upon the production of a certified copy of the decree showing in what book and page of the minutes of the court the decree is recorded and an order of the judge of the superior court of the county in which the land is located directing the transfer to be made. Once the certified copy and the order are produced, the certificate of title on the register of titles and the owner's certificate shall be canceled and new certificates shall be registered and issued accordingly. Production of the certified copy of the decree shall not be required when it is rendered in the same court as that in which the title is registered, but the clerk shall act upon the judge's order of transfer and the inspection of his own minute book.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-173 - Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer

Whenever it is desired to have an involuntary transfer registered, petition therefor shall be made to the judge of the court. The judge may hear the facts or, in his discretion, may refer the petition to an examiner of titles to hear and report the facts. The judge shall see to it that all parties at interest are given reasonable notice before any order of transfer is made. Whenever, in his judgment, the interests of justice so require, the judge shall cause notice of the petition to be published in the newspaper in which the sheriff's sales of the county are advertised for not less than four times in four separate weeks. Before granting an order directing the transfer, the judge shall fully satisfy himself that all parties who have or may have an interest in the matter of the transfer have been notified; that, in the case of minors or other persons under disability, guardians ad litem have been appointed to represent their interests; and that there is no valid reason why the order directing involuntary transfer should not be made. Thereupon, he shall enter a decree or judgment upon the minutes of the court, reciting the facts and stating that an order of transfer has been issued, and shall issue the order of transfer in substantially the form and manner prescribed in this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-174 - Attack on transfers made to hinder, delay, or defraud creditors; decree voiding such transfer; entry of cancellations and transfers on register and certificate

Nothing in this article shall prevent any transfer or other dealing with registered land from being attacked in court as having been made for the purpose of hindering, delaying, or defrauding creditors; provided, however, that, upon the trial of the case, the court having jurisdiction finds that the person taking the transfer or the apparent beneficiary of the dealing took the benefit of the same with knowledge of the fact that the intention of the transaction was to hinder, delay, or defraud creditors; and provided, further, that none of the rights of innocent parties shall be affected. If, in the proceeding, the court having jurisdiction of the case finds that any transfer or other dealing with registered land was made for the purpose of hindering, delaying, or defrauding creditors and that the rights of no innocent parties will be prejudiced by the court's judgment or decree, the court may pass such judgment or decree as will void the transfer or the effect of such other transaction as may have been made to hinder, delay, or defraud creditors. Upon the decree or judgment of the court, the judge of the superior court of the county where the land is located, upon application as provided in Code Section
44-2-173
, may direct such cancellations and transfers to be entered upon the title register and upon the owner's certificate as shall be necessary to carry the decree or judgment into effect.