If a deed is neither attested by nor acknowledged before 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.
History. Laws 1850, Cobb’s 1851 Digest, p. 181; Code 1863, § 2669; Code 1868, § 2665; Code 1873, § 2707; Code 1882, § 2707; Civil Code 1895, § 3623; Civil Code 1910, § 4205; Code 1933, § 29-410.
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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