reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 51 - WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATO RY ANALYSTS (§§ 43-51-1 — 43-51-15) › Section 43-51-13 - Application by director for injunctive relief authorized; judgment

(a)
Whenever, in the judgment of the director, any person has engaged in, is currently engaged in, or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter; and, upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
(b)
The director may file in the superior court of the county wherein the person under order resided, or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred, a certified copy of a final order issued pursuant to subsection (d) of Code Section
43-51-14
and unappealed from or a final order issued pursuant to subsection (d) of Code Section
43-51-14
affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment has been rendered in an action duly heard and determined by the court.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 51 - WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATO RY ANALYSTS (§§ 43-51-1 — 43-51-15) › Section 43-51-14 - Penalty

(a)
It shall be unlawful for any person to perform the duties of an operator or laboratory analyst without being duly certified under this chapter.
(b)
It shall be unlawful for any water or wastewater treatment plant to be operated in Georgia by a person or persons not certified under this chapter.
(c)
(1)
Any person violating this chapter shall be liable for a civil penalty not to exceed $500.00 for each day during which such violation continues.
(2)
Any person willfully violating this chapter shall be liable for a civil penalty not to exceed $5,000.00 for each day during which such violation continues.
(d)
Whenever the director has reason to believe that any person has violated any provision of this chapter, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provision of this chapter, such hearing officer shall issue his initial decision and order imposing such civil penalties as are provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section
12-2-2
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-1 - "Property" defined

As used in this title, the term "property" means:
(1)
Realty and personalty which is actually owned;
(2)
The right of ownership of realty or personalty; and
(3)
That which is subject to being owned or enjoyed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-2 - "Realty" or "real estate" defined; extent of owner's interest in airspace

(a)
As used in this title, the term "realty" or "real estate" means:
(1)
All lands and the buildings thereon;
(2)
All things permanently attached to land or to the buildings thereon; and
(3)
Any interest existing in, issuing out of, or dependent upon land or the buildings thereon.
(b)
The property right of the owner of real estate extends downward indefinitely and upward indefinitely.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-3 - "Personalty" defined; status of certain stocks

(a)
As used in this title, the term "personalty" or "personal estate" means all property which is movable in nature, has inherent value or is representative of value, and is not otherwise defined as realty.
(b)
Stocks representing shares in a corporation which holds lands or a franchise in or over lands are personalty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-4 - "Estate" defined

As used in this title, the term "estate" means the quantity of interest which an owner has in real or personal property. Any estate which can be created in realty may be created in personalty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-5 - "Title" defined

As used in this title in referring to property, the term "title" signifies the means whereby a person's right to property is established.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-6 - What things considered fixtures; movable machinery as personalty; effect of detachment from realty

(a)
Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture which constitutes a part of the realty and passes with it.
(b)
Machinery which is not actually attached to the realty but is movable at pleasure is not a part of the realty.
(c)
Anything detached from the realty becomes personalty instantly upon being detached.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-7 - Possession of personalty

Personalty is deemed to be in the possession of a party when that party's right to the property is accompanied by immediate actual or constructive possession.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-8 - Property rights in animals; factors establishing property in wild animals

(a)
Property rights may exist in all animals, birds, and fish. To constitute property in those which are wild by nature as distinguished from domestic animals, they must be in the actual possession, custody, or control of the party claiming a property interest. Possession, custody, or control of wild animals may be obtained by taming or domesticating them, by confining them within restricted limits, or by killing or capturing them.
(b)
Notwithstanding subsection (a) of this Code section, no property right shall be created in wildlife as defined by Code Section
27-1-2
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-9 - Ownership of deposit and offspring by wild animals on land

Anything deposited on realty by wild animals, birds, and fish except wildlife as defined by Code Section
27-1-2
shall belong to the owner of the realty. Honey deposited in a tree by bees shall belong to the owner of the tree even if the bees were hived by another person. The eggs and young of birds and the offspring of other animals and fish for as long as they remain unable to leave the land shall belong to the owner of the land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-10 - Ownership of offspring of domestic or owned animals

The offspring of all animals follows the ownership of the mother and belongs to the owner of the mother at the time of birth.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-11 - Application and construction of provisions relating to estates

(a)
Unless otherwise expressly provided, the provisions of this title relating to estates of either real or personal property shall be applicable to both.
(b)
The rules of construction applicable to estates of personalty shall be the same as those applicable to estates of realty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-12 - What constitutes perfect title

One person may have the right of possession of certain property and another person may have the right to the property itself. A union of those rights constitutes a perfect title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-14 - Abatement of hazard from abandoned well or hole; recovery costs; use of county funds

(a)
As used in this Code section, the term "abandoned well or hole" means any manmade opening upon the surface of the earth which is ten feet or more in depth and which has not been used for a period of 60 days. The term does not include ditches; sand or gravel pits; stone, marble, or slate quarries; clay pits; surface mines as defined in Part 3 of Article 2 of Chapter 4 of Title 12, the "Georgia Surface Mining Act of 1968"; or geologic boreholes as defined in Part 3 of Article 3 of Chapter 5 of Title 12, the "Water Well Standards Act of 1985."
(b)
Whenever it is brought to the attention of any person that an open abandoned well or hole, as defined in subsection (a) of this Code section, exists on public or private property, such person shall immediately inform the governing authority of the county in which the hazard exists. The governing authority shall inform the owner or possessor of the land upon which the hazard exists. The governing authority of any such county is authorized to use county work crews, private contractors, or any inmate labor within the county to abate the hazard either by covering, filling, or otherwise. When the hazard exists on private property, the governing authority shall first obtain the permission of the owner or possessor of the property before proceeding with any action in regard to abating the hazard existing on the private property. Upon approval by the owner or possessor of the private property, the governing authority may use county work crews, private contractors, or inmate labor; but in no case shall any work other than making the hazard safe be done on private property.
(c)
If the abandoned well or hole is located on private property and the owner or possessor of the property cannot be located or is not known, the governing authority of the county may abate the hazard without the prior approval of the owner or possessor.
(d)
The governing authority of the county is authorized to recover the reasonable costs of filling or covering the abandoned well or hole located on private property from the owner or possessor of said property.
(e)
The governing authority of the county is authorized to expend county funds to accomplish the purpose of this Code section.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-15 - Removal or destruction of survey monuments prohibited; exceptions; penalties

(a)
As used in this Code section, the term:
(1)
"Geodetic control monuments" means those survey monuments which are established by federal, state, local, and private agencies, the position of which monuments on the earth's surface has been fixed by high-order surveying and computation for use by surveyors and engineers in the extension of geodetic position to property corners, improvements to property, utility systems, streets and highways, and such other objects and things as may be located by surveying. Such monuments may be in the form of metal disks set in concrete, rock, metal, or some other fixed permanent object, the position thereof having been published by the agency which established the monument and made available to the public as well as to land surveyors and engineers for public use.
(2)
"Property corner monuments" means those survey monuments which are established to identify property corners, the location and description of which are made a part of any plat or any instrument pertaining to real property filed in the office of the clerk of the superior court of any county of this state. Said survey monuments may be any permanent or semipermanent objects or any live or dead plant material, including, but not limited to, iron or steel pipes, bars, or rods; concrete markers, including highway right of way markers; stone or rock, whether natural or erected; trees, stumps, stakes, and marks, including those marks made on trees, stones, rocks, concrete, or metal; and such other monuments as may be described in said plats and instruments of record.
(b)
It shall be unlawful for any person willfully and knowingly to remove, destroy, injure, or displace any geodetic control monument or property corner monument except under the authority of the agency which originally set the monument or, in the case of a property corner monument, under the authority of a registered land surveyor or duly elected or appointed county surveyor having the written permission of all landowners who are parties to said property corner monument. In the case of a geodetic control monument, the record of any authorized change shall be published; and, in the case of a property corner monument, the record of any authorized change shall be filed for record in the office of the clerk of the superior court of the county in which the monument is located.
(c)
Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $100.00 nor more than $500.00 and may also be punished by imprisonment for not less than 30 days nor more than 60 days.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-16 - Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1

(a)
(1)
No cause of action shall arise against an owner of real property, a real estate broker, or any affiliated licensee of the broker for the failure to disclose in any real estate transaction the fact or suspicion that such property:
(A)
Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or
(B)
Was the site of a homicide or other felony or a suicide or a death by accidental or natural causes;
provided, however, an owner, real estate broker, or affiliated licensee of the broker shall, except as provided in paragraph (2) of this subsection, answer truthfully to the best of that person's individual knowledge any question concerning the provisions of subparagraph (A) or (B) of this paragraph.
(2)
An owner, real estate broker, or affiliated licensee of the broker shall not be required to answer any question if answering such question or providing such information is prohibited by or constitutes a violation of any federal or state law or rule or regulation, expressly including without limitation the federal Fair Housing Act as now or hereafter amended or the state's fair housing law as set forth in Code Sections
8-3-200
through
8-3-223
.
(b)
No cause of action shall arise against an owner of real property, real estate broker, or affiliated licensee of the broker for the failure to disclose in any real estate transaction any information or fact which is provided or maintained or is required to be provided or maintained in accordance with Code Section
42-9-44.1
. No cause of action shall arise against any real estate broker or affiliated licensee of the broker for revealing information in accordance with this Code section. Violations of this Code section shall not create liability under this Code section against any party absent a finding of fraud on the part of such party.
Amended by 2001 Ga. Laws 354, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-17 - Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance

(a)
Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer's or grantee's responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use. If the grantor, owner, or agent of the owner knows that the property being acquired is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall deliver to the prospective purchaser, lessee, or grantee a notice which states the following:
"It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards."
(b)
Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document.
(c)
This Code section shall not apply to any transaction involving title passing by foreclosure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator.
(d)
This Code section shall not create a cause of action for damages or equitable relief.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 1 - GENERAL PROVISIONS (§§ 44-1-1 — 44-1-18) › Section 44-1-18 - [Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority

Amended by 2018 Ga. Laws 562,§ 44, eff. 5/8/2018.
Amended by 2018 Ga. Laws 283,§ 6, eff. 2/20/2018.
Added by 2017 Ga. Laws 257,§ 12, eff. 1/1/2018.
Reserved. Repealed by Ga. L. 2018, p. 1, § 6/HB 661, effective February 20, 2018.
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 44-2-1 - Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor

Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-3 - Voluntary deeds or conveyances of land; effect of recording

Every unrecorded voluntary deed or conveyance of land made by any person shall be void as against subsequent bona fide purchasers for value without notice of such voluntary deed or conveyance; provided, however, that, if the voluntary deed or conveyance is recorded in accordance with Code Section
44-2-1
, it shall have priority over subsequent deeds or conveyances to the described land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-4 - Protection of good faith purchases and liens without notice against unrecorded liens or conveyances

(a)
All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person.
(b)
All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant's interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants.
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 44-2-5 - Recording execution and deed after sheriff's sale

A purchaser at a sheriff's sale may have the execution under which the property was sold recorded with his or her deed together with all the entries on the execution.
Amended by 2011 Ga. Laws 52,§; 76, 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-6 - Recording bond for title, contracts, transfers, and assignments; priority as to subsequent deeds taken without notice from same vendor

Every bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any and all transfers or assignments of realty shall be filed and recorded in the office of the clerk of the superior court of the county where the land referred to in the instrument is located. The filing and recording shall, from the date of filing, be notice of the interest and equity of the holder of the instrument in the property described therein. The filing and recording may be made at any time; but such bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any transfer or assignment of realty shall lose its priority over deeds, loan deeds, mortgages, bonds for titles, bonds to reconvey realty, contracts to sell or convey realty or any interest therein and any transfer or assignment of realty from the same vendor, obligor, transferor, or assignor which is executed subsequently but filed for record first and is taken without notice of the former 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 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-7 - Recording of surrender or satisfaction of bond for title

When any bond for title has been recorded and is subsequently surrendered or satisfied, such surrender or satisfaction may be entered of record by the clerk of the superior court in the same manner that cancellations of mortgages and deeds to secure debts are entered of record.
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 44-2-8 - Recording of options to purchase land and assignments of such options; effect as notice

When executed with the formality prescribed for the execution of deeds to land, options to purchase land or any interest in land and assignments of such options to purchase may be recorded in the county in which the property described in the instrument is located. The record shall, from the date of filing, be notice of the interest and rights of the parties to the option to purchase in and with respect to the property described in the option to purchase and of the interest and rights of any person holding an assignment of the option to purchase.
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 44-2-9 - Recording leases, usufructs, and assignments thereof; effect as notice

When executed with the formality prescribed for the execution of deeds to land, leases or usufructs of land or of any interest in land and assignments of such leases or usufructs for any purpose, including the purpose of securing debt, may be recorded in the county where the property described in the instrument is located. The record shall, from the date of filing, be notice of the interest of the parties to the lease or usufructs in the property described in the instrument and of the interest of any person holding an assignment of any interest in such lease or usufruct.
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 44-2-10 - Recording deeds and bills of sale to personalty; effect as notice

Absolute deeds and bills of sale to personalty may be recorded in the office of the clerk of the superior court of the county where the maker resides. Such record, being permissive and not compulsory, is not constructive or implied notice to anyone. This Code section shall not apply to transactions covered by Article 9 of Title 11.
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 44-2-11 - Recording copy of instrument recorded in other counties in which part of affected land is located in cases where original lost or destroyed

A copy from the registry of any instrument conveying or affecting land in any county of this state which is recorded in the office of the clerk of the superior court of the county, if duly certified by the clerk, may be filed for record and recorded in the office of the clerk of the superior court of any other county where some of the land conveyed or affected by such instrument is located in the same manner and with the same force and effect for all purposes as if the certified copy were the original instrument, provided an affidavit is attached to the certified copy and recorded with it in which the affiant says that he owns an interest in property affected by the instrument, that the original instrument has been lost or destroyed, and that he truly believes that the original instrument was genuine.
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 44-2-12 - Rerecording lost or destroyed deeds and other instruments; validity

When the record of any deed or other recorded instrument or the certificate of record is lost or destroyed, the clerk of the superior court may rerecord the instrument and the certificate of record. The rerecording shall be as valid as the original recording and shall take effect from the date of the original recording, provided the rerecording is within 12 months after the loss or destruction of the original recording.
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 44-2-13 - Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record

(a)
When the creation of a new county or a change in county lines causes land to be included in a different county than that in which it was situated at the time of the recording of a deed, mortgage, or other lien therein, any holder of such a deed, mortgage, or other lien may have such instrument rerecorded in the office of the clerk of the superior court of the county in which the land is newly situated. If the original of such deed, mortgage, or other lien is lost, a certified copy thereof from the record where the same was recorded may in like manner be rerecorded in the county in which the land affected is newly situated. Upon payment of the recording fees, it shall be the duty of the clerk of the superior court of the county where the instrument is rerecorded to cause the deed, mortgage, or other lien to be entered upon the proper records for such papers; and the clerk shall note on the record book the date of the original recording and the book and page or pages upon which the deed or mortgage or other lien was originally recorded.
(b)
The rerecording of a deed, mortgage, or other lien pursuant to subsection (a) of this Code section shall not affect the validity of the original record as notice.
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 44-2-14 - Requirements for recordation

(a)
Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.
(b)
No affidavit prepared under Code Section
44-2-20
and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
(c)
If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.
(d)
Subsection (b) of this Code section does not apply to the following:
(1)
An affidavit or instrument executed before July 1, 1994;
(2)
A decree, order, judgment, or writ of any court;
(3)
A will; or
(4)
Any plat.
Amended by 2012 Ga. Laws 599,§ I-1-33, eff. 7/1/2012.
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 44-2-15 - Officers authorized to attest registrable instruments

Any of the instruments enumerated in Code Section
44-2-14
may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the General Assembly. With the exception of notaries public and judges of courts of record, such officers may attest such instruments only in the county in which they respectively hold their offices.
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 44-2-16 - Effect of acknowledgment subsequent to execution

If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section
44-2-15
, that fact, certified on the deed by such officer, shall entitle it to be recorded.
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 44-2-17 - Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument

(a)
As used in this Code section, the term "state" means any one of the states of the United States and any territories and possessions of the United States, including the District of Columbia, Puerto Rico, and the Virgin Islands.
(b)
Wherever a deed, mortgage, bond for title, or other recordable instrument appears by its caption to have been executed in one state or county and the official attesting witness appears to be an officer of a different state or of another county, which official would not have jurisdiction to witness instruments in the state or county named in the caption, the instrument, notwithstanding its caption, shall be conclusively considered and construed to have been attested by the officer in the state or county in which he has authority to act. Such deed, mortgage, bond for title, or other recordable instrument so witnessed shall be entitled to be recorded if in other respects it is so entitled.
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 44-2-18 - Recording deed upon affidavit of subscribing witness; effect of substantial compliance

If a deed is not attested by one of the officers named in Code Section
44-2-15
, it may be recorded upon the affidavit of a subscribing witness, which affidavit shall be made before any one of the officers named in Code Section
44-2-15
and shall testify to the execution of the deed and its attestation according to law. A substantial compliance with the requirements of this Code section shall be held sufficient in the absence of all suspicion of fraud.
Amended by 2023 Ga. Laws 337,§ 1, eff. 5/4/2023, app. to all deeds and other instruments recorded pursuant to Code Section 44-14-61 from 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-19 - Recording deed on affidavit of third person

If the subscribing witness or witnesses are dead, are insane, have moved outside the state, or are otherwise incapacitated to make the affidavit provided for in Code Section
44-2-18
, the affidavit of a third person testifying to the execution of the deed and to the genuineness of the handwriting of the subscribing witness or witnesses shall be sufficient to admit the deed to record.
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 44-2-20 - Recorded affidavits relating to land as notice of facts cited therein; filing and recording

(a)
Recorded affidavits shall be notice of the facts therein recited, whether taken at the time of a conveyance of land or not, where such affidavits show:
(1)
The relationship of parties or other persons to conveyances of land;
(2)
The relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands;
(3)
The age or ages of any person or persons connected with the chain of title;
(4)
Whether the land embraced in any conveyance or any part of such land or right therein has been in the actual possession of any party or parties connected with the chain of title;
(5)
The payment of debts of an unadministered estate;
(6)
The fact or date of death of any person connected with such title;
(7)
Where such affidavits relate to the identity of parties whose names may be shown differently in chains of title;
(8)
Where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or
(9)
Where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land.
Any such affidavits may be made by any person, whether connected with the chain of title or not.
(b)
Reserved.
(c)
Affidavits referred to in subsection (a) of this Code section shall be filed by the clerk of the superior court of the county where the land is located and shall contain a caption referring to the current owner and to a deed or other recorded instrument in the chain of title of the affected land. The clerk of the superior court shall record such affidavits, shall enter on the deed or other recorded instrument so referred to the book and page number on which such affidavit may be recorded, and shall index same in the name of the purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed; and the clerk shall receive the same compensation therefor as for recording deeds to lands.
Amended by 2011 Ga. Laws 52,§; 77, 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-21 - Recording instrument executed out of state; attestation and acknowledgment; validity of attestation by officer who appears to have no jurisdiction to attest the instrument

(a)
To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before:
(1)
A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact;
(2)
A judge of a court of record in the state or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge;
(3)
A clerk of a court of record under the seal of the court; or
(4)
A notary public or justice of the peace of the county or city of the state or the state and the county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, city, or country of the residence of such notary or justice of the peace.
(b)
A deed to realty must be attested by two witnesses, one of whom may be one of the officials named in subsection (a) of this Code section.
(c)
Wherever any deed to realty or personalty executed outside this state appears by its caption to have been executed in one state and county and the official attesting witness appears to be an official of another state or county, which official would not have jurisdiction to witness such deed in the state and county named in the caption, the deed, notwithstanding the caption, shall be conclusively considered and construed to have been attested by the officer in the state and county in which he had authority to act.
(d)
This Code section shall not apply to transactions covered by Article 9 of Title 11.
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 44-2-22 - Legal effect of good record title for 40 years

A prima-facie case shall be made out in actions respecting title to land upon showing good record title for a period of 40 years, and it shall not be necessary under such circumstances to prove title to the original grant from the state.
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 44-2-23 - [Repealed] When deed serves as evidence; effect of affidavit alleging forgery

Repealeded by 2011 Ga. Laws 52,§ 78, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 78/HB 24, effective January 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-24 - Withdrawal of affidavit of forgery upon loss of deed by affiant

Where an affidavit of forgery has been filed to the plaintiff's deed, and the deed has been turned over to the defendant or his counsel in order to procure evidence upon the issue of forgery, and such deed is destroyed or lost by the defendant or his counsel or for any cause is not returned to the plaintiff, the judge trying the case shall strike the affidavit of forgery and withdraw the issue from the jury until the deed is produced. The same rule shall apply when the plaintiff files an affidavit of forgery as to the deed of the defendant.
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 44-2-25 - Recording techniques; copies of plats

All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of superior court in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a copy or copies of any plats, blueprints, or other copies of plats that are already of record in the clerk's office. These copies shall serve all purposes and shall be as authentic as the originals.
Amended by 2016 Ga. Laws 351,§ 4, 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-26 - Recording of plat or copy of plat - When and where authorized; duty of clerk

The owner of real property or of any interest therein or any holder of a lien thereon may file a plat of the property in the office of the clerk of superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat that conforms with Code Section
15-6-67
.
Amended by 2016 Ga. Laws 351,§ 5, eff. 1/1/2017.
Amended by 2012 Ga. Laws 599,§ I-1-34, eff. 7/1/2012.
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 44-2-27 - Recording of plat - When deemed recorded

When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat.
Amended by 2016 Ga. Laws 351,§ 6, 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 1 - RECORDING (§§ 44-2-1 — 44-2-39.2) › Part 1 - GENERAL PROVISIONS (§§ 44-2-1 — 44-2-30) › Section 44-2-28 - Recording of plat or copy of plat - Incorporation by reference

When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which has been recorded as authorized in Code Section
44-2-26
and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic or digital copy, or other copy of the plat, the reference shall be equivalent to setting forth in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic or digital copy, or other copy thereof.
Amended by 2016 Ga. Laws 351,§ 7, eff. 1/1/2017.