reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 1 - IN GENERAL (§§ 44-6-1 — 44-6-3) › Section 44-6-3 - Lien on one's own property; purchase of lien on own property and enforcement thereof

As a general rule, a party may not hold a lien on his own property; but the owner of property which is subject to a lien created or imposed against the property by another person may protect himself by purchasing the lien and levying it on other property of the person liable to pay the same or holding it as a claim against such person.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-20 - "Absolute or fee simple estate" defined

An absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-21 - Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence

The word "heirs" or its equivalent is not necessary to create an absolute estate. Every properly executed conveyance shall be construed to convey the fee unless a lesser estate is mentioned and limited in that conveyance. If a lesser estate is expressly limited, the courts shall not, by construction, increase such estate into a fee but, disregarding all technical rules, shall give effect to the intention of the maker of the instrument, as far as the same is lawful, if the intention can be gathered from the contents of the instrument. If the court cannot gather the intention of the maker from the contents of the instrument, it may hear parol evidence to prove the maker's intention.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-22 - Creation of estate to commence in future; fee in abeyance; fee limited upon fee

An absolute estate may be created to commence in the future, and the fee may be in abeyance without detriment to the rights of subsequent remainders. A fee may be limited upon a fee, either by deed or will, where the plain intention of the grantor or testator requires it and no other rule of law is violated thereby.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-23 - Construction of words such as "heirs" or "heirs of body."

Limitations over to "heirs," "heirs of the body," "lineal heirs," "lawful heirs," "issue," or words of similar meaning shall be held to mean "children" whether the parents are alive or dead. Under such words the children and the descendants of deceased children by representation in being at the time of the vesting of the estate shall take.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-24 - Estates tail abolished; effect of limitations which would create estate tail by implication

(a)
Estates tail are prohibited and abolished and the law shall not presume or imply such an estate. Gifts or grants to a person and the heirs of his body, to his male heirs or female heirs, to his heirs by a particular person, to his children, or to his issue shall convey an absolute fee.
(b)
Limitations which, by the English rules of construction, would create an estate tail by implication shall give a life estate to the first taker and with remainder over in fee to his children and their descendants, as provided in Code Section
44-6-23
, and, if none is living at the time of his death, with remainder over in fee to the beneficiaries intended by the maker of the instrument.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 2 - FEE SIMPLE ESTATES (§§ 44-6-20 — 44-6-25) › Section 44-6-25 - Construction and effect of limitations over after death of first taker

All limitations over after the death of the first taker, upon his "dying without heirs," "dying without issue," "dying without leaving heirs or issue," "on failure of issue," or other and equivalent terms, shall be construed to mean a failure of heirs or issue at the time of the death of the first taker and shall convey the estate in the manner prescribed in Code Section
44-6-24
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 3 - ESTATES GRANTED UPON CONDITIONS (§§ 44-6-40 — 44-6-44) › Section 44-6-40 - Grant of estates upon conditions

An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 3 - ESTATES GRANTED UPON CONDITIONS (§§ 44-6-40 — 44-6-44) › Section 44-6-41 - Conditions precedent and subsequent distinguished; preferred construction and remedy

Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The law favors conditions to be subsequent rather than precedent and to be remediable by damages rather than by forfeiture.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 3 - ESTATES GRANTED UPON CONDITIONS (§§ 44-6-40 — 44-6-44) › Section 44-6-42 - Right of entry after breach of condition subsequent

Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 3 - ESTATES GRANTED UPON CONDITIONS (§§ 44-6-40 — 44-6-44) › Section 44-6-43 - Certain conditions void

Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the law are void.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 3 - ESTATES GRANTED UPON CONDITIONS (§§ 44-6-40 — 44-6-44) › Section 44-6-44 - Effect of legal disabilities on conditions; notice of condition

No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of such condition is required to be given by the person claiming under the limitation over.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-60 - Nature of estates in remainder and in reversion; rights of reversioner

(a)
An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future.
(b)
An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate which he has granted out of it.
(c)
The rights of the reversioner are the same as those of a vested remainderman in fee.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-61 - Vested and contingent remainders distinguished

Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon the happening of a necessary event. A contingent remainder is a remainder which is limited to an uncertain person or which is dependent upon an event which may or may not happen.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-62 - Effect of defeat of estate on remainder

Since no particular estate is necessary to sustain a remainder, the defeat of the particular estate for any cause does not destroy the remainder.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-63 - [Repealed] Interest of heirs of remainderman

Reserved. Repealed by Ga. L. 1994, p. 364, § 2, effective March 25, 1994.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-64 - Creation of remainders by parol

Estates in remainder may not be created by parol.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-65 - Creation of remainder for persons not in being; vested remainder subject to open

Estates in remainder may be created for persons not in being. If such a remainder is vested, it will open to take in all persons within the description who come into being up to the time the enjoyment of the estate commences.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-66 - Preference for vested remainders; construction of words of survivorship in wills

The law favors the vesting of remainders in all cases of doubt. In construing wills, words of survivorship shall refer to those survivors living at the time of the death of the testator in order to vest remainders unless a manifest intention to the contrary shall appear.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-67 - Effect of executor's assent to legacy to life tenant on remainderman; possession at termination of life estate

The assent of an executor to a legacy to a life tenant inures to the benefit of the remainderman. At the termination of the life estate, the remainderman may take possession immediately unless the will provides for a sale or other act to be done for the purpose of or prior to a division, in which case the executor may recover possession for the purpose of executing the will.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 4 - REMAINDERS AND REVERSIONS (§§ 44-6-60 — 44-6-68) › Section 44-6-68 - Validity of limitations over upon marriage of widow

Limitations over upon the marriage of a widow shall be valid unless such limitations are manifestly intended to operate as a restraint upon the free action of such widow in respect to marriage and are not simply prudent provisions for the protection of the interest of children or others in such event, in which case such limitations are void.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-80 - Nature of life estates; estates during widowhood

Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are life estates.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-81 - Length of life estate

An estate for life may be either for the life of the tenant or for the life of some other person or persons.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-82 - How and in what property life estate may be created

(a)
An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law.
(b)
A life estate cannot be created in property which will be destroyed on being used.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-83 - Rights and duties of life tenant; forfeiture of interest to remainderman

The tenant for life shall be entitled to the full use and enjoyment of the property if in such use he exercises the ordinary care of a prudent man for its preservation and protection and commits no acts which would permanently injure the remainder or reversion interest. For the want of such care or the willful commission of such acts, the tenant for life shall forfeit his interest to the remainderman if the remainderman elects to claim immediate possession.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-84 - Ownership of increase of property

The natural increase of the property shall belong to the tenant for life. Any extraordinary accumulation of the corpus, such as an issue of new stock upon the share of a corporation, shall attach to the corpus and go with it to the remainderman.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-85 - When life tenant entitled to emblements

If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, which are the profits of the crop sowed by him during life, whether the plants are annual or perennial.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-86 - Rights of lessee upon termination of life estate

If the tenant for life rents the land by the year and the life estate is terminated during the year by his death or otherwise, the lessee, upon complying with his contract with the tenant for life, shall be entitled to the land for the balance of the year.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-87 - Effect of purported sale of estate by life tenant

No forfeiture shall result when a tenant for life purports to sell the entire estate in lands. In such a case, the purchaser shall acquire only the interest of the life tenant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-88 - Demand for bond by purchaser of life estate in personalty; effect of failure to give bond

Upon the demand of anyone interested in the remainder or his agent or attorney, which demand shall be accompanied by a statement under oath of his interest, it shall be the duty of the officer making the sale of a life estate in personalty under process of law to require the purchaser to give bond in double the value of the property, with good security, for the delivery of the property to the remainderman. The bond shall be filed in the office of the clerk of the superior court of the county in which the sale is made and shall be subject to an action on the bond by any person who is interested in the remainder. On the failure of the purchaser to give such bond, the property shall be resold at his risk, provided that notice of the demand for such bond was given before he made the purchase.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-89 - Removal of personalty beyond state by life tenant; forfeiture; restraint

The tenant for life in personalty shall not remove such personalty outside this state without the consent of the remainderman. If the tenant for life fraudulently attempts to remove the personalty, he shall forfeit his interest therein; if he attempts to do so without fraud, the remainderman or reversioner shall be entitled to the writ of ne exeat to restrain him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 5 - LIFE ESTATES (§§ 44-6-80 — 44-6-90) › Section 44-6-90 - Jurisdiction of judge of superior court as to life estates and contingent remainders

(a)
The judge of the superior court shall have jurisdiction to hear any case that:
(1)
Involves a tenant for life in real property or the proceeds of real property;
(2)
Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and
(3)
Does not involve the creation of a perpetuity.
(b)
In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subsequent event of the birth or the adoption of another member of such class. The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall require the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall contain a determination of the free marketability of any concerned property.
(c)
An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-100 - "Estate for years" defined; estate for years in lands passes as realty

(a)
An estate for years is one which is limited in its duration to a period which is fixed or which may be made fixed and certain. Such an estate may be for any number of years, provided the limitation is within the rule against perpetuities.
(b)
An estate for years in lands passes as realty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-101 - Estate for years distinguished from contract of hiring and from landlord and tenant relationship

As applied to personalty, an estate for years differs from a contract of hiring, which is a bailment conveying no interest in the property to the bailee but merely the right of use. As applied to realty, an estate for years does not involve the relationship of landlord and tenant, in which relationship the tenant has no estate but merely has a right of use which is very similar to the right of a hirer of personalty.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-102 - "Lease" defined; extent of interest; when mining interest passes

The grant by one person to another of an estate for years out of his own estate, with reversion to himself, is usually termed a lease. Such a lease may be confined to a particular interest in lands, such as the right to mine or farm the same, in which case no other interest shall pass. If no subject of the lease is stated, the right to mine the land in question shall not pass unless the circumstances justify the implication that the parties intended the mining interest to pass.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-103 - Tenant's rights and duties; grounds of forfeiture

An estate for years carries with it the right to use the property in as absolute a manner as may be done with a greater estate, provided that the property or the person who is entitled to the remainder or reversion interest is not injured by such use. The acts of omission and commission prescribed as grounds of forfeiture of an estate for life shall operate to the same effect as against a tenant for years.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-104 - Right of tenant for years to emblements

A tenant for years is not entitled to emblements unless, before the end of the period which had been fixed for the termination of the estate for years, the happening of some contingency as provided in the creation of the estate terminates the estate without fault on the part of the tenant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-105 - Liability of tenant for years for repairs and expenses

A tenant for years is liable for all repairs or other expenses which are necessary for the preservation and protection of the property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 6 - ESTATES FOR YEARS (§§ 44-6-100 — 44-6-106) › Section 44-6-106 - Dependent and independent covenants or conditions

In light of the entire instrument, the dependence or independence of covenants or conditions must be determined from the intention of the parties. If the conditions are dependent, the failure of the person first required to act shall be an excuse to the other party for failing to comply; if the conditions are independent, no such excuse shall avail. The law favors conditions to be independent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 1 - IN GENERAL (§§ 44-6-120 — 44-6-123) › Section 44-6-120 - "Tenancy in common" defined; presumption of equality of shares; effect of inequality of shares on right of possession

Unless otherwise specifically provided by statute and unless the document or instrument provides otherwise, a tenancy in common is created wherever from any cause two or more persons are entitled to the simultaneous possession of any property. Tenants in common may have unequal shares, but they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges as to possession which are superior to those of the person owning a lesser interest so long as the tenancy continues.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 1 - IN GENERAL (§§ 44-6-120 — 44-6-123) › Section 44-6-121 - Rights and liabilities of cotenants; accounting

(a)
Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall not be liable to account for rent to his cotenant.
(b)
A tenant in common shall be liable to account to his cotenant if he:
(1)
Receives any rent or other profit from the joint property;
(2)
Commits any waste;
(3)
Deprives his cotenant of the use of his fair proportion of the joint property;
(4)
Appropriates the joint property to his exclusive use; or
(5)
Uses the joint property in a manner which must necessarily be exclusive.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 1 - IN GENERAL (§§ 44-6-120 — 44-6-123) › Section 44-6-122 - Accounting between cotenants for unequal share of rents or profits; priority of claim over certain liens

If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other cotenant. The claim for such indebtedness shall be superior to liens held by third persons which have been placed on the interest of the cotenant by the tenant in possession who received the unequal share of the rents and profits.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 1 - IN GENERAL (§§ 44-6-120 — 44-6-123) › Section 44-6-123 - Adverse possession against cotenant; action to recover possession

There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice of adverse possession. In such event, the cotenant may bring an action to recover possession.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 1 - EQUITABLE PARTITION (§§ 44-6-140 — 44-6-142) › Section 44-6-140 - When equitable partition authorized

Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 1 - EQUITABLE PARTITION (§§ 44-6-140 — 44-6-142) › Section 44-6-141 - Molding of decree; discretion of court

In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either a partition or a sale if it appears that the present or prospective interest of any cotenant may not be protected thereby.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 1 - EQUITABLE PARTITION (§§ 44-6-140 — 44-6-142) › Section 44-6-142 - Effect of decree on title

The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-160 - Grounds for partition; jurisdiction; contents of petition

When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements shall be divided, any one of such common owners may apply by petition to the superior court of the county in which such lands and tenements are located for a writ of partition which shall set forth plainly and distinctly the facts and circumstances of the case, shall describe the premises to be partitioned, and shall define the share and interest of each of the parties therein. When the lands in question constitute a single tract situated in more than one county, the application may be made to the superior court of any of such counties.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-161 - Who may apply for partition

If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either in person or by his or her agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or intellectually disabled person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary, as the case may be.
Amended by 2015 Ga. Laws 70,§ 4-10, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-162 - Notice of intention to apply for writ of partition

The party applying for the writ of partition shall give the other parties concerned at least 20 days' notice of his or her intention to make the application. If any of the other parties is a minor, a mentally ill or intellectually disabled person, or a beneficiary of a trust, the 20 days' notice shall be served on the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary. If any of the parties reside outside of this state, the court may order service by publication as in its judgment is right in each case.
Amended by 2015 Ga. Laws 70,§ 4-11, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-163 - Issuance of writ of partition; appointment of partitioners

When the application for partition is made and when due proof is made that the notice required by Code Section
44-6-162
has been given, the court shall examine the petitioner's title and share of the premises to be partitioned and shall thereupon pass an order directing the clerk of the superior court to issue a writ of partition which shall be framed according to the nature of the case and directed to five freeholders of the county in which the lands are located who shall serve as partitioners; and the court shall execute and return the writ as provided in Code Section
44-6-164
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-164 - Appointment of surveyor; notice of time of execution of writ; oath of partitioners; principles governing partition; partitioner's return

The partitioners shall have the power to select a surveyor to aid them in the discharge of their duties. After giving all the parties, if possible, at least eight days' notice of the time of executing the writ and after being sworn to execute the writ duly and impartially before an officer authorized by law to administer such oath, the partitioners or a majority of them shall proceed to make a just and equal partition and division of all the lands and tenements, either in entire tracts or in parcels, as they shall judge, according to the best of their skill, ability, and knowledge, to be in proportion to the shares claimed and to be most beneficial to the several common owners of the lands and tenements. They shall return the writ, with their actings and doings thereon and under their hands and seals, to the superior court within three months after its issuance, which return shall be filed and kept by the clerk until the next term of the court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-165 - Objections and defenses to right of applicant, writ, or return; jury trial

At the term of the court when the application is made or at the next term after the partitioners have made their return, any of the persons against whose right or title a judgment is sought may file objections to the right of the applicant and the writ of partition or to the return of the partitioners, as the case may be, and may, by way of defense, show any good and probable matter in bar of the partition asked for or show that the petitioner does not have title to as much as is allowed and awarded to him by the partitioners or to any part of the land; in such event, the issue shall be tried by a jury as in cases of appeals to the superior court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-166 - Return of partitioners as judgment of court; conclusiveness; when second partition ordered; effect

If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the trial finds a verdict against the party setting up such objections, the return of the partitioners shall be made the judgment of the court and shall be final and conclusive as to all the parties concerned who were notified of the application for partition and of the time of executing the writ as required by Code Sections
44-6-162
and
44-6-164
, and a writ of possession shall issue accordingly. If objections to the return are filed and are sustained by the jury trying the case or if it appears to the court that there is injustice or inequality in the division made by the partitioners, the court shall award a new partition to be made in the presence of the parties concerned if they will appear, which second partition, when returned, shall be firm, good, and conclusive forever against all parties notified as provided in Code Sections
44-6-162
and
44-6-164
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-167 - When sale of lands ordered; procedure; place of sale; notice

In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section
44-6-166.1
, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations and upon such just and equitable terms as it may prescribe. The sale shall take place on the first Tuesday in the month, shall be at the place of public sales in the county in which the land is located, and shall be advertised in some public newspaper once a week for four weeks. This Code section shall not be construed to change the place of sale in those counties where by law sheriffs' sales are required to take place at the courthouse.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-168 - Commissioners' return; distribution of proceeds; liability of commissioners for moneys received; contempt

After the sale of any lands and tenements provided for in Code Section
44-6-167
, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-169 - Title to property sold; execution of deed of conveyance by commissioners

Upon the sale of lands and tenements as provided for in Code Section
44-6-167
, the parties in interest shall execute a title to the purchaser; and, if any of them shall fail or refuse to do so, the commissioners or any two of them shall execute a deed of conveyance to such lands and tenements to the purchaser at such sale, which deed shall be as valid and binding as if made by the parties themselves.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-170 - Treatment of extraordinary cases; denial of sale or partition

In any extraordinary case not covered by Code Sections
44-6-160
through
44-6-169
, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party will not be fully protected.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-171 - Setting aside judgment by parties under disability, absent, or not notified; time limitations; conclusiveness of judgment; effect of proceedings on bona fide purchaser

When proceedings have been instituted and judgment of the partition has been rendered according to the regulations prescribed in this part and if any one of the parties in interest is a minor or a mentally ill or intellectually disabled person who has no guardian, or is absent from the state during such proceeding, or has not been notified thereof, such minor or mentally ill or intellectually disabled person may, within 12 months after coming of age, after restoration of mind, or after having a guardian appointed, as the case may be, and such absent or unnotified party may, at any time within 12 months after rendition of the judgment, move the court to set aside the judgment on any of the grounds upon which a party notified and free from disabilities might have resisted the judgment upon the hearing as authorized by Code Section
44-6-165
. The issue shall be tried and the subsequent proceedings shall be the same as is provided for in cases of objections filed to the return of the partitioners before judgment. If such motion to set aside the judgment is not made within the time specified in this Code section, such judgment shall be as binding and conclusive upon such minor, mentally ill or intellectually disabled person, or absent or unnotified party as if he or she had been notified, present, or free from disability. In no event shall such subsequent proceedings affect the title of a bona fide purchaser under a sale ordered by the court.
Amended by 2015 Ga. Laws 70,§ 4-12, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-172 - Partition of realty by life tenants - Effect on other parties; conditions

In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime with remainder or reversion to others, such life tenant may compel a partition pursuant to the partition laws of this state which may, upon a proper judgment of the superior court based upon an application therefor, bind all parties interested whether in possession, reversion, or remainder and whether or not those entitled to take are in being, provided the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding. No sale of the property may be made or had under such application for partition, and the terms of the grant or devise shall otherwise remain in full force and effect.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-173 - Partition of realty by life tenants - Appointment of guardians ad litem; service of notice of application; time for answer

(a)
Under the partition proceeding provided in Code Section
44-6-172
, the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners on such terms as may be ordered by the court. When interested minors are not represented by a guardian, the court shall also appoint a guardian ad litem to act for and represent such minors.
(b)
The guardian ad litem shall be served with a notice of the application for partition. After the application has been filed in the superior court, all other parties shall also be served with notice of the application for partition. The guardian ad litem and all other parties who have been served with the notice shall answer and plead to the application for partition within 20 days after the service of the notice; provided, however, that the court may authorize the guardian ad litem to acknowledge service and waive the 20 days' notice.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 2 - STATUTORY PARTITION (§§ 44-6-160 — 44-6-174) › Section 44-6-174 - Partition of realty by life tenants - Cumulative effect

The right of partition provided by Code Sections
44-6-172
and
44-6-173
shall be cumulative to existing laws.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-180 - Definitions

As used in this subpart, the term:
(1)
"Ascendant" means an individual who precedes another individual in lineage in a direct line of ascent from the other individual.
(2)
"Broker" means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. Such term shall include the broker's affiliated licensees.
(3)
"Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(4)
"Descendant" means an individual who follows another individual in lineage in a direct line of descent from the other individual.
(5)
"Heirs property" means real property held in tenancy in common which satisfies all of the following requirements on the date of the filing of a partition action:
(A)
There is no agreement in a record binding all the cotenants which governs the partition of the property;
(B)
One or more of the cotenants acquired title from a relative, whether living or deceased; and
(C)
Any of the following applies:
(i)
Twenty percent or more of the interests are held by cotenants who are relatives;
(ii)
Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii)
Twenty percent or more of the cotenants are relatives.
(6)
"Partition by sale" means a court ordered sale of the entire heirs property, whether by public sale, sealed bids, or open-market sale conducted under Code Section
44-6-187
.
(7)
"Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9)
"Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this subpart.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-181 - Application; determination of heirs property

(a)
This subpart shall apply to partition actions filed on or after January 1, 2013.
(b)
In an action to partition real property under Subpart 1 or 2 of this part, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned pursuant to this subpart unless all of the cotenants otherwise agree in a record.
Amended by 2013 Ga. Laws 33,§ 44, eff. 4/24/2013.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-182 - Posting notice sign on property

If an order for service by publication of the summons for a writ of partition is granted and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court's determination that the property may be heirs property, shall post a sign in the right of way adjacent to the property which is the subject of the writ of partition, and the plaintiff shall maintain such sign while the action is pending. The sign shall state that a writ of partition has commenced, the name and address of the court in which the action is pending, and the common designation by which the property is known. The court may require the plaintiff to publish the name of the plaintiff and names of the known defendants on the sign.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-183 - Qualifications of partitioners

If the court appoints partitioners as described in Code Section
44-6-163
, each partitioner shall be a discreet person, disinterested, impartial, and not a party to or a participant in the writ of partition.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.