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.
History. Laws 1755, Cobb’s 1851 Digest, p. 159; Laws 1768, Cobb’s 1851 Digest, p. 162; Laws 1785, Cobb’s 1851 Digest, p. 164; Laws 1788, Cobb’s 1851 Digest, p. 160; Laws 1837, Cobb’s 1851 Digest, p. 175; Code 1863, § 2667; Code 1868, § 2663; Code 1873, § 2705; Code 1882, § 2705; Civil Code 1895, § 3618; Civil Code 1910, § 4198; Code 1933, § 29-401.
Cross references.
Recording of certificate of order for year’s support, § 53-5-11.
Law reviews.
For comment on Manchester Motors, Inc. v. Farmers & Merchants Bank, 91 Ga. App. 811 , 87 S.E.2d 342 (1955), see 18 Ga. B.J. 82 (1955).
For note, “The Effect of Failure to Record Conditional Sale Contracts in Georgia,” see 11 Mercer L. Rev. 358 (1960).
For note discussing the Motor Vehicle Certificate of Title Act provisions in Ch. 3, T. 40, and their impact, see 13 Mercer L. Rev. 258 (1961).
For annual survey on law of real property, see 43 Mercer L. Rev. 353 (1991).
For article, “Eleventh Circuit Survey: January 1, 2013 — December 31, 2013: Casenote: The Decline and Fall of Constructive Notice,” see 65 Mercer L. Rev. 1203 (2014).
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-3. Voluntary Deeds or Conveyances of Land; Effect of Recording
§ 44-2-5. Recording Execution and Deed After Sheriff’s Sale
§ 44-2-7. Recording of Surrender or Satisfaction of Bond for Title
§ 44-2-8. Recording of Options to Purchase Land and Assignments of Such Options; Effect as Notice
§ 44-2-9. Recording Leases, Usufructs, and Assignments Thereof; Effect as Notice
§ 44-2-10. Recording Deeds and Bills of Sale to Personalty; Effect as Notice
§ 44-2-12. Rerecording Lost or Destroyed Deeds and Other Instruments; Validity
§ 44-2-14. Requirements for Recordation
§ 44-2-15. Officers Authorized to Attest Registrable Instruments
§ 44-2-16. Effect of Acknowledgment Subsequent to Execution
§ 44-2-18. Recording Deed Upon Affidavit of Subscribing Witness; Effect of Substantial Compliance
§ 44-2-19. Recording Deed on Affidavit of Third Person
§ 44-2-22. Legal Effect of Good Record Title for 40 Years
§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant
§ 44-2-25. Recording Techniques; Copies of Plats
§ 44-2-26. Recording of Plat or Copy of Plat — When and Where Authorized; Duty of Clerk
§ 44-2-27. Recording of Plat — When Deemed Recorded
§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference