reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-5 - Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors

In all cases where errors in issuing or recording grants are sought to be corrected, an application shall be made in writing to the Governor showing that notice in writing of the nature and time of the application has been served upon every person who may be in any manner interested in the question. If no objection is filed and satisfactory evidence of the error or mistake is produced and submitted in writing, the Governor may pass an order requiring the error to be corrected and, if necessary, requiring a new grant to be issued upon delivery of the first grant for cancellation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-6 - When correction refused

If objections are filed to the proceedings instituted pursuant to Code Section
44-5-5
and it appears that the proposed correction will interfere with the vested rights of other bona fide claimants, the Governor shall refuse to make such correction and shall leave the parties to their judicial remedies.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-7 - Trial in superior court

If it is unclear whether the proposed correction would interfere with the vested rights of others, the Governor may cause an issue to be made and certify the same to the superior court of the county where the land is located, requiring the court to cause the issue to be tried before a jury and have its verdict certified to him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-8 - Filing and preserving papers and evidence

All the papers and evidence upon every application made pursuant to Code Section
44-5-5
shall be filed and preserved in the office of the Governor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-9 - Advertising prior to issuing corrected grant where original lost

If the applicant for a corrected grant is not able to produce the original grant to be canceled, the Governor may issue the corrected grant after advertising for six months, at the expense of the applicant, for any objection to be filed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-10 - Effect of corrected grant; notation of correction

(a)
All corrected grants shall take effect from the time of the issuance of the original grant but shall not affect the vested rights of bona fide purchasers without notice.
(b)
Corrected grants shall bear upon their face a notation of the correction made and the date of the executive order under which it was made.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-11 - Grounds for setting aside grants

Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on the ground:
(1)
That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity with him;
(2)
Of collusion between the grantee and the officers of the state; or
(3)
Of fraud, accident, or mistake by the officers of the state, which fraud, accident, or mistake was known to the grantee.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-12 - Impeachment of grants; grounds; effect of irregularities or misnomer

Grants may be impeached before the courts where they are:
(1)
Void upon their face;
(2)
Issued without authority of law or against a prohibition in a law; or
(3)
Issued for property to which the state had no title.
However, mere irregularities in the proceedings to obtain grants shall not be inquired into nor may a mistake in the name of the grantee be proved by parol.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-13 - Grants by implication; presumptions favor grants

A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-14 - Presumption of grant on 20 years' possession

When the land is subject to entry and grant, 20 years' possession of land under a claim of right shall authorize the courts to presume a grant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-30 - Requisites of deed to lands; inquiry into consideration

Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section
44-2-15
, and attested by one other witness. It shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it.
Amended by 2015 Ga. Laws 145,§ 1, eff. 7/1/2015.
Amended by 2012 Ga. Laws 599,§ I-1-35, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-31 - Requisites of deed to personalty; necessity for deed

A deed to personalty needs no attesting witness to make it valid; in other respects, the principles applicable to deeds to lands are applicable to deeds to personalty. However, generally a deed is not necessary to convey title to personalty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-32 - Requisites of instruments other than deeds

Every bond for title, bond to reconvey realty, contract to sell or to convey realty or any interest therein and every transfer or assignment of any of such instruments shall, except as between the parties thereto, be executed with the same formality as is required for the execution of deeds conveying realty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-33 - Form of deed

No prescribed form is essential to the validity of a deed to lands or personalty. If the deed is sufficient in itself to make known the transaction between the parties, no want of form will invalidate it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-34 - Construction of inconsistent clauses in deed; ascertainment of intention of parties

If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-35 - Apportionment of price for deficiency in number of acres; rescission

In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or the entire body, a deficiency in the quantity sold cannot be apportioned. If the sale is by a quantity of acres with the qualification "more or less" added, any deficiency is not apportionable unless the deficiency is so great as to constitute a willful deception or mistake amounting to fraud. In this event, the purchaser may demand a rescission of the sale or an apportionment of the purchase price.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-36 - Purchaser's remedies for loss of land due to title defect

If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-37 - Applicability of Code Sections 53-2-112 through 53-2-114 to elections under or against deed

The principles of Code Sections
53-2-112
through
53-2-114
relating to elections shall also apply to deeds.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-38 - Effect of recital in deed of receipt of purchase money

Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-39 - Binding effect of covenants on grantee who accepts deed

When a grantee accepts a deed, he is bound by the covenants contained therein even though the deed has not been signed by him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-40 - Conveyance of future interests or estates

Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession.
Amended by 2009 Ga. Laws 8,§ 44, eff. 4/14/2009.
Amended by 2008 Ga. Laws 438,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-41 - Voidance and ratification of conveyance to or by a minor

A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 10 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance.
Amended by 2013 Ga. Laws 127,§ 4-49, eff. 1/1/2014.
Amended by 2006 Ga. Laws 466,§ 7, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-42 - Delivery of deed to third party as escrow; possession as proof of delivery

A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive proof of a delivery, but that presumption may be rebutted.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-43 - Effect of adverse possession on making of deed

A deed to lands which is made while the lands are held adversely to the maker of the deed is not void.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-44 - Estoppel from claiming adversely to own deed

The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to sell and convey the property treated in the deed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-45 - [Repealed] When ancient deed admissible without proof of execution

Repealed by 2011 Ga. Laws 52,§ 82, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 82/HB 24, effective January 1, 2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-46 - Establishment of copy of deed upon loss of original; effect of copy

If an original deed is lost, a copy may be established by the superior court of the county where the land is located; and when the copy is established, it shall have all the effect of the original.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-47 - Liability of purchaser for costs of conveyance

Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 2 - CONVEYANCES (§§ 44-5-30 — 44-5-48) › Section 44-5-48 - Deeds conveying interest in real property used as commercial landfill

(a)
All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, "commercial landfill" means an area where materials have been deposited for a fee.
(b)
This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property.
(c)
Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-59 - Covenant running with the land between property owner and third party

Except as provided in Code Section
44-5-60
and excluding covenants recorded on property solely by the property's owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and a third party agree to such covenant, the property is adequately described in such covenant, and such covenant does not run for more than 20 years.
Added by 2013 Ga. Laws 249,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-61 - Implied warranty of title

In a sale of land there is no implied warranty of title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-62 - General warranty - Scope

A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-63 - General warranty - Defects known to purchaser

In a deed, a general warranty of title against the claims of all persons covers defects in the title even if they are known to the purchaser at the time he takes the deed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-64 - Action for breach of warranty - Burden of proof

In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defend.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-65 - Action for breach of warranty - Necessity for offer to rescind; mitigation of damages

To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-66 - Action for breach of warranty - Measure of damages

Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale unless the jury determines, under the circumstances of the case, that the use of the premises was equal to the interest on the money and determines that an equitable setoff should be allowed. However, if valuable improvements have been made on the premises, the interest should be allowed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 3 - COVENANTS AND WARRANTIES (§§ 44-5-59 — 44-5-67) › Section 44-5-67 - Breach of bond for title to land; measure of damages

Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure of damages. However, if the vendee has bought up the outstanding title, only the actual damage sustained by him may be recovered.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-80 - Criteria for making valid inter vivos gift

To constitute a valid inter vivos gift, the following criteria must be met:
(1)
The donor must intend to give the gift;
(2)
The donee must accept the gift; and
(3)
The gift must be delivered or some act which under law is accepted as a substitute for delivery must be done.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-81 - When acceptance presumed; acceptance for minors and corporations

If a gift is of substantial benefit, the law will presume its acceptance unless the contrary is shown. A parent, guardian, or friend may accept a gift for a minor. The officers of a corporation may accept a gift for the corporation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-82 - Delivery; constructive delivery

Actual manual delivery is not essential to the validity of a gift. Any act which indicates a renunciation of dominion by the donor and the transfer of dominion to the donee shall constitute a constructive delivery.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-83 - Written gift

A gift in writing, without good consideration and without delivery, is void. However, when, in order for a gift to be valid, a written conveyance for good consideration is required by law, or when in any case a written conveyance is made for a good consideration, the execution and delivery of such conveyance shall dispense with the necessity of delivering the article given.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-84 - Presumption of gift arising from delivery of personalty by parent to child living separate from parent

The delivery of personal property by a parent into the exclusive possession of a child living separate from the parent creates a presumption of a gift to the child. This presumption may be rebutted by evidence of an actual contract of lending or by circumstances from which such a contract may be inferred.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-85 - Rebuttable presumption of gift of lands belonging to parent but in possession of child for seven years

The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a rebuttable presumption of a gift and conveys title to the child. The presumption may be rebutted by evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, of a disclaimer of title by the child, or similar evidence.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-86 - Gifts by person subject to undue influence; avoidance

A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon the slightest evidence of persuasion or influence, such gift shall be declared void at the instance of the donor or his legal representative and at any time within five years after the making of such gift.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-87 - Implied trust on failure of specific purpose for which gift made

If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails or cannot be accomplished, the donee shall hold the object of the gift as trustee for the donor or his next of kin.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-88 - Gifts void against creditors and bona fide purchasers

(a)
An insolvent person may not make a valid gift to the injury of his existing creditors.
(b)
When partial or complete possession of property remains with the donor, every parol gift thereof shall be void against bona fide creditors and bona fide purchasers without notice.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 1 - INTER VIVOS GIFTS (§§ 44-5-80 — 44-5-89) › Section 44-5-89 - Donation of blood by persons over 17 years of age

Any person who is a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, public or private agency, or corporation without the consent of his parent or parents or guardian. Any person who is not a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, public or private agency, or corporation in this state without the consent of his parent or parents or guardian when the laws of the state wherein such person resides permit the donation of blood at such age.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 4 - GIFTS GENERALLY (§§ 44-5-80 — 44-5-100) › Part 2 - GIFTS CAUSA MORTIS (§ 44-5-100) › Section 44-5-100 - Criteria for making valid gift causa mortis

(a)
To constitute a valid gift in contemplation of death, the following criteria must be met:
(1)
The object of the gift must be personal property;
(2)
The donor must be in his last illness or in peril of death;
(3)
The gift must be intended to be absolute only in the event of death;
(4)
The gift must be perfected by either actual or symbolic delivery; and
(5)
The gift must be proved by one or more witnesses.
(b)
A gift in contemplation of death may be made by parol.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-110 - Short title

This article shall be known and may be cited as "The Georgia Transfers to Minors Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-111 - Definitions

As used in this article, the term:
(1)
"Adult" means an individual who has attained the age of 21 years.
(2)
"Benefit plan" means an employer's plan for the benefit of an employee or partner or an individual retirement account.
(3)
"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4)
"Court" means the probate court in the county where the minor resides, or, if the minor is not a resident of this state, the probate court in the county where the custodian resides or has his principal place of business or where the custodial property is located.
(5)
"Custodial property" means any interest in property transferred to a custodian under the authority of this article and the income from and proceeds of that interest in property.
(6)
"Custodian" means a person so designated under Code Section
44-5-119
or a successor or substitute custodian designated under Code Section
44-5-128
.
(7)
"Financial institution" means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law.
(8)
"Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(9)
"Legal representative" means an individual's personal representative or guardian.
(10)
"Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11)
"Minor" means an individual who has not attained the age of 21 years.
(12)
"Person" means an individual, corporation, organization, or other legal entity.
(13)
"Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(14)
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15)
"Transfer" means a transaction that creates custodial property under Code Section
44-5-119
.
(16)
"Transferor" means a person who makes a transfer under the authority of this article.
(17)
"Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers in this state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-112 - Applicability of article

(a)
This article applies to a transfer that refers to "The Georgia Transfers to Minors Act" in the designation under subsection (a) of Code Section
44-5-119
by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.
(b)
A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c)
A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-113 - Nomination of custodian

(a)
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance by the words: "as custodian for __________________ (name of minor) under 'The Georgia Transfers to Minors Act.'" The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is delivered to the payor, issuer, or other obligor of the contractual rights.
(b)
A custodian nominated under this Code section must be a person to whom a transfer of property of that kind may be made under subsection (a) of Code Section
44-5-119
.
(c)
The nomination of a custodian under this Code section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Code Section
44-5-119
. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Code Section
44-5-119
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-114 - Irrevocable gift or exercise of power of appointment made under Code Section 44-5-119

A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Code Section
44-5-119
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-115 - Irrevocable transfer by personal representative or trustee to custodian for minor's benefit

(a)
A personal representative or trustee may make an irrevocable transfer pursuant to Code Section
44-5-119
to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b)
If the testator or settlor has nominated a custodian under Code Section
44-5-113
to receive the custodial property, the transfer must be made to that person.
(c)
If the testator or settlor has not nominated a custodian under Code Section
44-5-113
, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of Code Section
44-5-119
, which designation may include the personal representative or the trustee.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-116 - Irrevocable transfer by personal representative, trustee, or guardian to custodian

(a)
Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the personal representative or the trustee) for the benefit of a minor pursuant to Code Section
44-5-119
, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b)
Subject to subsection (c) of this Code section, a guardian may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the guardian) for the benefit of the minor pursuant to Code Section
44-5-119
.
(c)
A transfer under subsection (a) or (b) of this Code section may be made only if:
(1)
The personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor;
(2)
The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(3)
The transfer is authorized by the court as in the best interest of the minor if such transfer, combined with all prior transfers to the minor under this Code section, in the aggregate exceeds $10,000.00 in value.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-117 - Transfers by other persons to custodian

(a)
Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section
44-5-115
or
44-5-116
who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section
44-5-119
.
(b)
If a person having the right to do so under Code Section
44-5-113
has nominated a custodian under that Code section to receive the custodial property, the transfer must be made to the custodian so designated.
(c)
If no custodian has been nominated under Code Section
44-5-113
, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Code section may be made to an adult member of the minor's family or to a trust company as custodian for the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-118 - Effect of custodian's written acknowledgment of delivery

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-120 - Single custodianship

A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-121 - Validity of transfer

(a)
The validity of a transfer made in a manner prescribed in this article is not affected by:
(1)
Failure of the transferor to comply with subsection (c) of Code Section
44-5-119
concerning possession and control;
(2)
Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of Code Section
44-5-119
; or
(3)
Death or incapacity of a person nominated under Code Section
44-5-113
or designated under Code Section
44-5-119
as custodian or the disclaimer of the office by that person.
(b)
A transfer made pursuant to Code Section
44-5-119
is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither that minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article.
(c)
By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-122 - Powers and duties of custodian; name in which registered securities to be held; commingling with personal assets

(a)
A custodian shall:
(1)
Take control of custodial property;
(2)
Register or record title to custodial property if appropriate; and
(3)
Collect, hold, manage, invest, and reinvest custodial property.
(b)
In dealing with custodial property, a custodian shall invest and reinvest the custodial property as would prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital, without reference to the laws relating to permissible investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor without reference to the laws relating to permissible investments by fiduciaries.
(c)
A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1)
The life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(2)
The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary.
(d)
A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for __________________ (name of minor) under 'The Georgia Transfers to Minors Act.'"
(e)
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-123 - Custodian's rights, powers, and authority over custodial property; liability for breach of Code Section 44-5-122

(a)
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b)
This Code section does not relieve a custodian from liability for breach of Code Section
44-5-122
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-124 - Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor

(a)
A custodian may deliver or pay to the minor or expend for or apply to the minor's benefit so much or the whole of the custodial property as the custodian considers advisable for the support, maintenance, education, and general use and benefit of the minor in such manner, at such time or times, and to such extent as the custodian may deem suitable and proper, without court order and without regard to:
(1)
The duty or ability of the custodian personally or of any other person to support the minor; or
(2)
Any other income or property of the minor which may be applicable or available for that purpose.
(b)
On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c)
A delivery, payment, or expenditure under this Code section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-125 - Compensation; expenses of custodian; bond

(a)
A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b)
Except for one who is a transferor under Code Section
44-5-114
, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c)
Except as provided in subsection (f) of Code Section
44-5-128
, a custodian need not give a bond.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-126 - Liability of third person for dealings with person purporting to act in capacity of custodian

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1)
The validity of the purported custodian's designation;
(2)
The propriety of, or the authority under this article for, any act of the purported custodian;
(3)
The validity or propriety under this article of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4)
The propriety of the application of any property of the minor delivered to the purported custodian.