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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-29 - Recording of plat or copy of plat - Ratification of record made prior to statutory authorization; effect of incorporation by reference of plat prior to authorization

Any plats or any blueprints, tracings, photostatic copies, or other copies of plats recorded prior to March 29, 1937, in the manner described in Code Section
44-2-26
are declared to have been duly recorded; and the reference in any deed, mortgage, or other instrument executed prior to March 29, 1937, to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat or on any blueprint, tracing, photostatic copy, or other copy of a plat recorded prior to March 29, 1937, in the manner described in Code Section
44-2-26
shall have the same effect as if the boundaries, metes, courses, or distances of the real estate were specifically set forth in the deed, mortgage, or other instrument.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-35 - Short title

This part shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-36 - Definitions

As used in this part, the term:
(1)
"Authority" means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section
15-6-94
.
(2)
"Document" means information that is:
(A)
Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B)
Eligible to be recorded in the land records maintained by the clerk of superior court.
(3)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4)
"Electronic document" means a document that is received by the clerk of superior court in an electronic form.
(5)
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(6)
"Paper document" means a document that is received by the clerk of superior court that is not electronic.
(7)
"Person" means an individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-37 - Electronic documents treated as original; electronic signatures acceptable

(a)
An electronic document prepared and filed in compliance with this part shall satisfy any requirement as a condition for recording that a document be an original, on paper or another tangible medium, or in writing.
(b)
An electronic signature shall satisfy any requirement as a condition for recording that a document be signed.
(c)
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included by other applicable law, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-38 - Role of clerk of court

A clerk of superior court:
(1)
Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority;
(2)
May receive, index, store, archive, and transmit electronic documents;
(3)
May provide for access to, and search and retrieval of, documents and information by electronic means;
(4)
Who accepts electronic documents for recording shall continue to accept for filing paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law;
(5)
For archival purposes, may convert into electronic form paper documents accepted for recording;
(6)
May convert into electronic form historical documents recorded on paper;
(7)
May accept electronically any fee or other moneys that the clerk of superior court is authorized to collect; and
(8)
May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to electronically facilitate satisfaction of prior approvals and conditions precedent to recording and on the electronic payment of statutorily required fees and other moneys.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-39 - [Effective Until 1/1/2025] Adoption of rules and regulations; standardization

(a)
The authority shall adopt rules and regulations and any standardized forms necessary to implement this part.
(b)
To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained within this part, the authority shall consider when adopting, amending, and repealing its rules and regulations and any standardized forms:
(1)
Standards and practices of other jurisdictions;
(2)
The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3)
The views of interested persons and governmental officials and entities;
(4)
The needs of counties of varying size, population, and resources; and
(5)
Standards that ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-39 - [Effective 1/1/2025] Adoption of rules and regulations; standardization

(a)
The authority shall adopt rules and regulations and any standardized forms necessary to implement this part.
(b)
(1)
The rules and regulations adopted by the authority pursuant to this Code section shall include any rules and regulations necessary to ensure that any individual wanting to submit electronic documents for recording, regardless of whether such individual is acting on his or her own behalf or on behalf of another person and prior to such individual submitting to a clerk of the superior court any electronic documents for recording, provide through the authority's electronic filing portal information sufficient to identify such individual. Such information may include, without limitation, a copy of the individual's driver's license, passport, military identification card, or personal identification card authorized under Code Sections
40-5-100
through
40-5-104
.
(2)
Any information required to be provided by an individual pursuant to the rules and regulations adopted by the authority pursuant to paragraph (1) of this subsection shall be retained by the authority, shall not be subject to Article 4 of Chapter 18 of Title 50, and shall be treated as confidential and released only:
(A)
To peace officers in the course of investigating potential crimes;
(B)
In response to a subpoena, discovery request, or court order;
(C)
To an individual who holds a recorded interest in real property that was the subject of an electronic document that was submitted for recording by the individual who provided such information; or
(D)
To an individual who is named as a party in an electronic document that was submitted for recording by the individual who provided such information.
(c)
To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained within this part, the authority shall consider when adopting, amending, and repealing its rules and regulations and any standardized forms:
(1)
Standards and practices of other jurisdictions;
(2)
The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3)
The views of interested persons and governmental officials and entities;
(4)
The needs of counties of varying size, population, and resources; and
(5)
Standards that ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Amended by 2024 Ga. Laws 549,§ 1-2, eff. 1/1/2025.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-39.1 - Promotion of uniformity

In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact substantially similar provisions.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 44-2-35 — 44-2-39.2) › Section 44-2-39.2 - Construction with federal law

The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but shall not modify, limit, or supersede Section 101(c) of that federal act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that federal act,
15 U.S.C. Section 7003(b)
.
Added by 2009 Ga. Laws 140,§ 1, eff. 5/5/2009.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-40 - Short title

This article shall be known and may be cited as "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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-41 - Definitions

As used in this article, the term:
(1)
"Clerk" means the clerk of the superior court of the county where the land is located and includes his lawful deputies and any person lawfully acting as clerk under the general laws or under this article.
(2)
"Court" means the superior court of the county where the land is located.
(3)
"Involuntary transaction" means all transmissions of registered land or of any interest therein other than those included in paragraph (6) of this Code section and all other rights or claims, judicial proceedings, liens, charges, or encumbrances not created directly by contract with the registered owner but arising by operation of law or of equitable principles or because of dower, the exercise of the right of eminent domain, levies on delinquent taxes, or any other like matters affecting registered land or any interest therein.
(4)
"Judge," "judge of the court," "judge of the superior court," "judge of the superior court of the county where the land is located" or words of similar purport mean any judge presiding in the superior court of the county where the land is located. While it is intended that as a usual matter the judge of the superior court of each circuit shall be the judge who shall act upon and sit in the various matters arising in that circuit with which the judges of such courts are charged under this article, as to such matters any judge of the superior court shall have jurisdiction to perform the functions of judge under this article. In the event the judge of the superior court of the circuit in which the transaction or matter arises is disqualified, absent from the circuit, ill, dead, or from any other cause cannot act in the matter, it shall be the duty of any other judge of the superior court to whom the matter is presented to act in the matter to the same extent as if the same arose in one of the counties of his own circuit. In any matter arising under this article, upon the request of the judge of the superior court of the circuit in which it arose, any judge of the superior court may act upon it as if it had arisen in his own circuit.
(5)
"Registered land" means any estate or interest in land which shall have been registered under this article.
(6)
"Voluntary transaction" means all contractual and other voluntary acts or dealings, except by will, by any registered owner of any estate or interest in land, with reference to such estate or interest and any right of homestead or exemption therein.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-42 - Performance of clerk's and sheriff's duties by deputies; liability

The duties required of the clerk and the sheriff by this article may be performed through their lawful deputies; but the clerk or the sheriff, as the case may be, shall be responsible for the acts of such deputies.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-43 - Fraud, forgery, and theft in connection with registration of title to land; penalty

Any person who:
(1)
fraudulently obtains or attempts to obtain a decree of registration of title to any land or interest therein;
(2)
knowingly offers in evidence any forged or fraudulent document in the course of any proceedings with regard to registered lands or any interest therein;
(3)
makes or utters any forged instrument of transfer or instrument of mortgage or any other paper, writing, or document used in connection with any of the proceedings required for the registration of lands or the notation of entries upon the register of titles;
(4)
steals or fraudulently conceals any owner's certificate, creditor's certificate, or other certificate of title provided for under this article;
(5)
fraudulently alters, changes, or mutilates any writing, instrument, document, record, registration, or register provided for under this article;
(6)
makes any false oath or affidavit with respect to any matter or thing provided for in this article; or
(7)
makes or knowingly uses any counterfeit of any certificate provided for by this article shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-44 - Fraudulent acts by office of clerk personnel; penalties

Any clerk, deputy clerk, special clerk, or other person performing the duties of the office of clerk who:
(1)
fraudulently enters a decree of registration without authority of the court;
(2)
fraudulently registers any title;
(3)
fraudulently makes any notation or entry upon the title register;
(4)
fraudulently issues any certificate of title, creditor's certificate, or other instrument provided for by this article; or
(5)
knowingly, intentionally, and fraudulently does any act of omission or commission under color of his office in relation to the matters provided for by this article shall be guilty of a felony and shall be removed from office and be permanently disqualified from holding any public office and shall be punished by imprisonment for not less than one nor more than ten years.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-45 - Fraud or false entries by sheriffs and deputies; penalties

Any sheriff, deputy sheriff, or other person performing the duties of the office of sheriff who knowingly and fraudulently makes any false entry or return in connection with any matter arising under this article or who fraudulently conspires with any person or persons to defraud any other person or persons through this article shall be guilty of a felony and shall be removed from office and be permanently disqualified from holding any public office in this state and shall be punished by imprisonment for not less than one nor more than ten years.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-46 - Fraudulent acts and malpractice of examiners; penalty

Any examiner of title who knowingly and fraudulently makes any false report to the court as to any matter relating to any title which is sought to be registered under this article, as to any matter affecting the same, or as to any other matter referred to him under this article or who fraudulently conspires with any other person or persons to use this article in defrauding any other person or persons, firm, or corporation or who is guilty of any willful malpractice in his office shall be guilty of a felony and be punished by imprisonment for not less than one nor more than ten years.
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 1 - IN GENERAL (§§ 44-2-40 — 44-2-47) › Section 44-2-47 - Reduction of felonies under this article to misdemeanors

The felonies provided for in this article may, in the matter of punishment, be reduced to misdemeanors in the manner prescribed in Code Section
17-10-5
.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-60 - Jurisdiction of superior court over matters in this article

For the purpose of enabling all persons owning real estate within this state to have the title thereto settled and registered as prescribed by this article, the superior court of the county in which the land is located shall have exclusive original jurisdiction of all petitions and proceedings had thereupon.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-61 - Proceedings to be in rem; operation of decree

The proceedings under any petition for the registration of land and all proceedings in the court in relation to registered land shall be proceedings in rem against the land; and the decree of the court shall operate directly on the land and shall vest and establish title thereto in accordance with this article upon all persons who are parties to said proceedings, whether by name or under the general designation of "whom it may concern."
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-62 - Procedure as to actions for registration; persons under disability

Action for registration of title shall be begun by a petition to the court by the person, persons, or corporation claiming, singly or collectively, to own or to have the power of appointing or disposing of an estate in fee simple in any land whether or not subject to liens, encumbrances, or lesser estate. Minors and other persons under disability may bring and defend actions by a guardian, a guardian ad litem, a next friend, or a trustee, as the case may be.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-63 - Persons claiming less than fee; establishing title without registration

Any person possessing lands and claiming an interest or estate less than the fee therein may have his title to such lands established under this article without the registration and transfer features provided 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-64 - Petition - Verification; contents; description of land; surveys; amendments

The petition and amendments thereto shall be signed and sworn to by each petitioner, or, in the case of a corporation, by some officer thereof, or, in the case of a person under disability, by the person filing the petition. It shall contain a full description of the land, its valuation, and its last assessment for county taxation; shall show when, how, and from whom it was acquired, a description of the title by which he claims the land, and an abstract of title; shall state whether or not it is occupied; and shall give an account of all known liens, interests, and claims, adverse or otherwise, vested or contingent. Full names and addresses, if known, of all persons who may have any interest in the land, including adjoining owners and occupants, shall be given. The description of the land given in the petition shall be in terms which will identify the same fully and which will tend to describe the same as permanently as is reasonably practicable under all the circumstances. If the land is in a portion of the state in which land is divided into land districts and lot numbers by state survey, the petition shall state the number of the land district and the lot number or numbers in which the tract is located. Before passing a decree upon any petition for registration, the judge, on his own motion or upon the recommendation of the examiner, may require a fuller and more adequate description or one tending more permanently to identify the tract in question to be included in the petition by amendment; and if, in the discretion of the court, it shall be necessary, the judge may for that purpose require a survey of the premises to be made and the boundaries marked by permanent monuments. The acreage or other superficial contents of the tract shall be stated with approximate accuracy; and where reasonably practicable the court may require the metes and bounds to be 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-65 - Petition - Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract

Any number of separate parcels of land which are claimed by the petitioner under the same general claim of title and are located in the same county may be included in the same proceeding. Any one tract may be established in several parts, each of which shall be clearly and accurately described and registered separately.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-66 - Petition - Persons included as defendants

The petition shall include as defendants all persons whom it shows to have any interest, equity, or claim upon said land or upon any interest in the land whether such claim is vested or contingent and whether or not the claim is adverse to the petitioner; and the petition shall also include as defendants all other persons "whom it may concern."
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-68 - Appointment of resident agent for service on nonresident petitioner

A nonresident petitioner shall appoint a resident agent or attorney upon whom process and notice may be served.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-69 - Service upon state, county, or municipality

If the petition discloses that it involves the determination of any public right or interest of this state or of any county or municipality thereof, the process or notice, in order to affect the state, the county, or the municipality, shall be served:
(1)
In the case of the state, upon the Attorney General;
(2)
In the case of a county, upon the judge of the probate court or, if the judge of the probate court is disqualified, upon the clerk of the superior court; or
(3)
In the case of a municipality, upon the mayor of the municipality or, if there is no mayor or if the mayor is disqualified, upon a majority of the members of the council or other governing body of the municipality.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-70 - Waiver or acknowledgment of service

Any person entitled to notice or service of process under this article may waive such notice or service by a written acknowledgment of service or written waiver of service entered upon the petition or entitled in the cause and signed by such person in the presence of the judge of the superior court, the clerk of the superior court of the county, the examiner, or any other person or official authorized by law to administer oaths, to take acknowledgments, or to act as a notary public or official witness. His signature shall be attested by such officer.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-71 - Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice

Before passing the decree authorizing the registration of land, the court shall be satisfied that the publication of notice and service of process required by this article have been made. After judgment, the entry of service by the sheriff or his deputy shall be conclusive evidence and shall not be subject to traverse nor shall any acknowledgment of service be subject to traverse. The recital of the service of process and of the giving and publishing of notices contained in the decree or final judgment in the case shall be conclusive evidence that such service, publication, and notice have been legally given; provided, however, that nothing in this Code section shall prevent any aggrieved person from having a right of action against any sheriff who shall make a false return of service, or against any clerk or examiner who shall falsely attest a waiver or acknowledgment of service, or against any clerk who shall fail to publish the notice or to mail the notice required by 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-72 - Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction

(a)
A notice similar to the notice published as provided in Code Section
44-2-67
shall be delivered by the clerk to the sheriff of the county or to one of his lawful deputies; and the sheriff or his lawful deputy shall, within 30 days from the date the petition is filed, post the same upon the land in some conspicuous place. If there is more than one tract of land, the clerk shall furnish enough notices to the sheriff or his deputy to allow the posting of a notice upon each tract of land included in the petition.
(b)
If the land contains one or more dwelling houses or one or more buildings used as a place of business, the sheriff shall conspicuously post upon each house or building the notice provided for in subsection (a) of this Code section; and he shall state this in his return to the court.
(c)
Within 30 days from the date the petition is filed, the sheriff shall go upon the land and ascertain the identities of the occupants of the land. He shall make an official return to the court stating the name and post office address of each person over 14 years of age actually occupying the premises.
(d)
After receiving the sheriff's return, the clerk shall send a copy of the petition and process by registered or certified mail or statutory overnight delivery to each person occupying the land or he may require the sheriff or his deputy to serve a copy of the petition and process upon such persons. The clerk shall make an entry if he has mailed the notices or, if the sheriff has made the service of process, the sheriff shall make the return.
(e)
After the sheriff or his deputy has entered upon the land, posted the notices provided for in subsections (a) and (b) of this Code section, and made his return to the court as provided in subsection (c) of this Code section, the land shall be deemed to have been seized and brought into the custody of the court for the purposes of this article; and the court's jurisdiction in rem and quasi in rem shall attach thereto for purposes of land registration proceedings under this article.
(f)
The clerk shall attach to each owner's certificate of title a certified copy of the sheriff's return.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-73 - Effect of notice; appearances or pleadings as waiver of service, notice, and defects

The notices provided for and to be given under this article shall stand as personal service of process and shall be conclusive and binding on all persons so notified and on all the world. Appearances or pleadings in the case shall constitute a waiver of process and service and of notice and of any defect therein.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-74 - Service on other persons found by examiner to be entitled to notice

If the report of the examiner discloses that persons other than those who have been notified are entitled to notice, a copy of the petition shall be served upon such persons in the same manner as other persons named as defendants in the petition are required to be served by this article; and, in addition to the copy of the petition, there shall be attached a notice from the clerk directed to such person informing him that he shall appear and show cause against the judgment being rendered in the case, if any, within ten days from the date of the service of the notice. However, nothing in this Code section shall be construed to require the giving of additional notice by publication other than the published notice provided for in this article to nonresidents or persons who, by reason of absence from the state or by reason of their whereabouts being unknown, cannot be found and served with process.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-75 - Additional notice; judge's discretion

Wherever notice is required by this article and no provision is made as to how notice shall be given or wherever, in the discretion of the judge, additional notice to that provided for in this article should be given to any particular person or persons or to the public generally, the judge may order such notice to be given and may provide the manner in which it shall be given.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-76 - Who may file objections or cross-action to petition

Any person, whether notified or not, may become a party to the proceeding for the purpose of filing objections to the granting of the relief prayed for in the petition or any part thereof either by filing in court an answer showing that he claims some interest in the premises and stating the grounds of his objection or by filing a cross-action praying that the title to the land or some interest therein be decreed to be in him and be registered accordingly.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-77 - Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue

While the cause is pending before the examiner of titles or at any time before final decree, the judge, or the examiner with the approval of the judge, may require the land to be surveyed by some competent surveyor and may order durable bounds to be set and a plat thereof to be filed among the papers of the suit. Before such survey is made, all adjoining landowners shall be given at least five days' notice. The petitioner or any adjoining owner dissatisfied with the survey may file a protest with the court within ten days from the time the plat is filed; and thereupon an issue shall be made up and tried as in case of protest to the return of land processioners.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-78 - Dismissal without prejudice

If the petitioner's title is not and cannot be made proper for registration, the petition may, at the discretion of the court or the petitioner, be dismissed without prejudice on terms to be determined by 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-79 - Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts

Amendments to petitions or other pleadings, including joinder, substitution, or discontinuance of parties, the severance of pleadings, and the omission or severance of any portion or parcel of the land may be ordered or allowed by the court at any time before the final decree upon terms that may be just and reasonable. The court may require facts to be stated in the petition in addition to those prescribed by this article. The examiner shall have the same powers subject to review by exception to his reports.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-80 - Treatment of land pending registration; appearance of person acquiring interest in land pending registration

Pending registration, the land described in any petition may be dealt with as if no petition had been filed; but any person who shall acquire any interest in or claim against any such land shall at once appear as a petitioner or answer as a party defendant in the pleadings for registration, and such interest or claim shall be subject to the decree 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-81 - No default judgment or decree

No decree shall be rendered by default and without the necessary facts being shown.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-82 - Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel

After the record has been perfected and settled, the judge of the superior court shall proceed to decide the case; and if, upon consideration of such record, the title shall be found in the petitioner, the judge shall enter a decree to that effect ascertaining all limitations, liens, encumbrances, and the like and declaring the land entitled to registration according to his findings. Such decree shall be entered upon the minutes of the superior court and shall become a part of the records thereof. If, upon consideration of the record, the judge finds that the petitioner is not entitled to a decree declaring the land entitled to registration, he shall enter judgment accordingly. If any person shall have filed a cross-action praying for the title to be found in him, the judge may enter a decree to that effect in like manner ascertaining and declaring all limitations, liens, and the like and declaring the land entitled to registration according to his findings. If separate parcels shall be involved, the court shall render a separate decree as to each parcel; and the same shall be done where the petitioner has divided a tract into separately described parcels and has accurately described each parcel for separate 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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-83 - Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund

Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned by name in the order of publication or included under the general description "whom it may concern." It shall not be an exception to the conclusiveness of the decree that the person is a minor, is incompetent by reason of mental illness or intellectual disability, or is under any other disability; but said person may have an action against the assurance fund provided for in Part 6 of this article.
Amended by 2015 Ga. Laws 70,§ 4-8, eff. 7/1/2015.
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 2 - PROCEEDINGS TO REGISTER (§§ 44-2-60 — 44-2-84) › Section 44-2-84 - Review by Court of Appeals

All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Court of Appeals.
Amended by 2016 Ga. Laws 626,§ 3-9, eff. 1/1/2017.
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 44-2-100 - Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit

The judge of the superior court of each judicial circuit shall appoint at least one auditor, who shall be known as the examiner, who shall discharge the duties provided for the examiner in this article but whose relation and accountability to the court shall be that of an auditor in the general practice existing in this state. The judge shall appoint as many examiners in the circuit as the public convenience may require in connection with the carrying out of this article; and the judge may, in any case, appoint a special examiner. Examiners shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. Each examiner must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. Each examiner shall take and file in the office of the clerk of the superior court of the county of his residence, along with the order of his appointment, an oath or affidavit substantially in the form prescribed in Code Section
44-2-228
.
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 44-2-101 - Referral of case to examiner; preliminary report; contents; time of filing

Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the title to the land from public records and all other evidence of a trustworthy nature that can reasonably be obtained by the examiner, which abstract shall contain:
(1)
Extracts from the records and other matters referred to therein which are complete enough to enable the court to decide the questions involved;
(2)
A statement of the facts relating to the possession of the lands; and
(3)
The names and addresses, so far as the examiner is able to ascertain, of all persons interested in the land as well as all adjoining owners showing their several apparent or possible interests and indicating upon whom and in what manner process should be served or notices given in accordance with this article.
The preliminary report of the examiner shall be filed in the office of the clerk of the superior court on or before the return day of the court as stated in the process unless the time for filing the report is extended by the court.
Amended by 2011 Ga. Laws 52,§; 79, eff. 1/1/2013.
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 44-2-102 - Hearing; final report; delay of hearing to add new parties; notice

As soon as practicable after the return day stated in the process, the examiner shall proceed to hear evidence and make up his final report to the court. However, if it has developed from the preliminary report filed by him that persons other than those named as defendants in the original petition are entitled to service or notice, the hearing shall not begin until after ten days from the date of the service of notice upon such persons. The examiner shall give notice of the time and place of the hearing to the petitioner and to persons who have filed any pleading in the case.