Georgia Code
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-2. [Effective Until July 1, 2023. See note.] Duty of Clerk to Record Certain Transaction Affecting Real Estate and Personal Property; Priority of Recorded Instruments; Effect of Recording on Rights Between Parties to Instruments

History. Ga. L. 1889, p. 106, §§ 1, 4; Civil Code 1895, §§ 2778, 2781; Civil Code 1910, §§ 3320, 3323; Code 1933, §§ 67-2501, 67-2503; Code 1981 § 44-2-2 ; Ga. L. 1982, p. 3, § 44; Ga. L. 2002, p. 799, § 5; Ga. L. 2006, p. 334, § 1/SB 306; Ga. L. 2016, p. 193, § 3/HB 1004; Ga. L. 2017, p. 723, § 13/HB 337; Ga. L. 2017, p. 774, § 44/HB 323; Ga. L. 2018, p. 1, § 7/HB 661.
Delayed effective date.
Code Section 44-2-2 is set out twice in this Code. This version is effective until July 1, 2023. For version effective July 1, 2023, see the following version.
The 2016 amendment, effective January 1, 2017, deleted “, as required by paragraph (2) of subsection (b) of Code Section 15-6-67, as both the grantor and grantee” following “caption of the plat” at the end of paragraph (a)(4).
The 2017 amendments.
The first 2017 amendment, effective January 1, 2018, substituted “as provided for by law” for “of all kinds” in subparagraph (a)(1)(C); substituted “; and” for a period at the end of subparagraph (a)(1)(D); added subparagraph (a)(1)(E); in paragraph (a)(2), substituted “As used in” for “For the purpose of” at the beginning, inserted “the term” near the middle, and substituted “have the same meaning” for “be defined” in the middle; added the second and third sentences in paragraph (a)(3); added subparagraphs (a)(3)(A) through (a)(3)(D); and deleted “the” preceding “superior court” near the middle of subsection (b). The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “As used in this subsection, the term ‘liens’ shall have the same meaning” for “For the purpose of this subsection, ‘liens’ shall be defined” at the beginning of paragraph (a)(2).
The 2018 amendment, effective February 20, 2018, rewrote paragraph (a)(3).
Cross references.
Duty of clerk to obtain names and addresses of grantors and grantees prior to recording title transfer, § 15-6-63 .
Duty of clerk of superior court to maintain grantor-grantee index, § 15-6-66 .
Editor’s notes.
Ga. L. 2016, p. 193, § 3/HB 1004, which amended this Code section, purported to amend paragraph (b)(4) but actually amended paragraph (a)(4).
Ga. L. 2017, p. 723, § 1/HB 337, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State Tax Execution Modernization Act.’”
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).