A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive proof of a delivery, but that presumption may be rebutted.
History. Orig. Code 1863, § 2652; Code 1868, § 2651; Code 1873, § 2693; Code 1882, § 2693; Civil Code 1895, § 3603; Civil Code 1910, § 4183; Code 1933, § 29-105.
Law reviews.
For note discussing problems with profits generated by escrow account, and proposing federal legislative reform, see 10 Ga. St. B.J. 618 (1974).
For article surveying recent legislative and judicial developments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).
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