If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price.
History. Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, § 2643; Civil Code 1895, § 3544; Civil Code 1910, § 4124; Code 1933, § 29-202.
Law reviews.
For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).
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