Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned by name in the order of publication or included under the general description “whom it may concern.” It shall not be an exception to the conclusiveness of the decree that the person is a minor, is incompetent by reason of mental illness or intellectual disability, or is under any other disability; but said person may have an action against the assurance fund provided for in Part 6 of this article.
History. Ga. L. 1917, p. 108, § 27; Code 1933, § 60-223; Ga. L. 2015, p. 385, § 4-8/HB 252.
The 2015 amendment, effective July 1, 2015, in the last sentence, substituted “intellectual disability” for “retardation” and inserted “other”.
Cross references.
Proceedings quia timet and proceedings to remove clouds upon titles, § 23-3-40 et seq.
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 2 - Proceedings to Register
§ 44-2-60. Jurisdiction of Superior Court Over Matters in This Article
§ 44-2-61. Proceedings to Be in Rem; Operation of Decree
§ 44-2-62. Procedure as to Actions for Registration; Persons Under Disability
§ 44-2-63. Persons Claiming Less Than Fee; Establishing Title Without Registration
§ 44-2-64. Petition — Verification; Contents; Description of Land; Surveys; Amendments
§ 44-2-66. Petition — Persons Included as Defendants
§ 44-2-68. Appointment of Resident Agent for Service on Nonresident Petitioner
§ 44-2-69. Service Upon State, County, or Municipality
§ 44-2-70. Waiver or Acknowledgment of Service
§ 44-2-73. Effect of Notice; Appearances or Pleadings as Waiver of Service, Notice, and Defects
§ 44-2-74. Service on Other Persons Found by Examiner to Be Entitled to Notice
§ 44-2-75. Additional Notice; Judge’s Discretion
§ 44-2-76. Who May File Objections or Cross-Action to Petition
§ 44-2-78. Dismissal Without Prejudice