Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. It shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it.
History. Laws 1785, Cobb’s 1851 Digest, p. 164; Code 1863, § 2649; Code 1868, § 2648; Code 1873, § 2690; Code 1882, § 2690; Civil Code 1895, § 3599; Civil Code 1910, § 4179; Code 1933, § 29-101; Ga. L. 2012, p. 173, § 1-35/HB 665; Ga. L. 2015, p. 937, § 1/HB 322.
The 2012 amendment, effective July 1, 2012, substituted “Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document,” for “A deed to lands must be” in the first sentence; and, in the second sentence, substituted “shall” for “must” and inserted “or her”.
The 2015 amendment, effective July 1, 2015, substituted “attested by an officer as provided in Code Section 44-2-15, and attested by one other witness” for “and attested by at least two witnesses” at the end of the first sentence.
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-30. Requisites of Deed to Lands; Inquiry Into Consideration
§ 44-5-31. Requisites of Deed to Personalty; Necessity for Deed
§ 44-5-32. Requisites of Instruments Other Than Deeds
§ 44-5-34. Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties
§ 44-5-35. Apportionment of Price for Deficiency in Number of Acres; Rescission
§ 44-5-36. Purchaser’s Remedies for Loss of Land Due to Title Defect
§ 44-5-38. Effect of Recital in Deed of Receipt of Purchase Money
§ 44-5-39. Binding Effect of Covenants on Grantee Who Accepts Deed
§ 44-5-40. Conveyance of Future Interests or Estates
§ 44-5-41. Voidance and Ratification of Conveyance to or by a Minor
§ 44-5-42. Delivery of Deed to Third Party as Escrow; Possession as Proof of Delivery
§ 44-5-43. Effect of Adverse Possession on Making of Deed
§ 44-5-44. Estoppel From Claiming Adversely to Own Deed
§ 44-5-46. Establishment of Copy of Deed Upon Loss of Original; Effect of Copy
§ 44-5-47. Liability of Purchaser for Costs of Conveyance
§ 44-5-48. Deeds Conveying Interest in Real Property Used as Commercial Landfill