Georgia Code
Article 3 - Covenants and Warranties
§ 44-5-60. Effect of Zoning Laws; Covenants and Scenic Easements for Use of Public; Renewal of Certain Covenants; Costs

History. Orig. Code 1863, § 2661; Code 1868, § 2660; Code 1873, § 2702; Code 1882, § 2702; Civil Code 1895, § 3612; Civil Code 1910, § 4192; Code 1933, § 29-301; Ga. L. 1935, p. 112, § 1; Ga. L. 1962, p. 540, § 1; Ga. L. 1971, p. 814, § 1; Ga. L. 1990, p. 384, § 1; Ga. L. 1991, p. 334, § 1; Ga. L. 1993, p. 782, § 1; Ga. L. 2008, p. 1135, § 2A/HB 422; Ga. L. 2012, p. 692, § 2/HB 728; Ga. L. 2017, p. 352, § 5/SB 46.
The 2008 amendment, effective July 1, 2008, added subsection (e).
The 2012 amendment, effective July 1, 2012, added the proviso at the end of subsection (b).
The 2017 amendment, effective July 1, 2017, added paragraph (d)(5).
Cross references.
Time limitations on bringing action for breach of restrictive covenants, § 9-3-29 .
Right of purchaser at judicial sale to enforce covenants of warranty running with land which are incorporated into previous title deeds, § 9-13-177 .
Right of action by alienee of property for continuance of nuisance for which alienee of property causing nuisance is responsible, § 41-1-5 .
Georgia Property Owners’ Association Act, §§ 44-3-220 and 44-3-234 .
Editor’s notes.
Ga. L. 2012, p. 692, § 1/HB 728, not codified by the General Assembly, provides that: “The General Assembly finds that current law, Code Section 44-5-60, relating to covenants running with the land, is vague and is in fact silent as to the treatment of covenants which were created prior to a county or municipality adopting zoning laws. The General Assembly finds that during its 1935 session it provided for covenants running with the land terminating at a point certain when municipalities had adopted zoning laws and that in its 1962 session it further provided for covenants running with the land terminating at a point certain in those areas of counties for which zoning laws had been adopted. However, the General Assembly finds that at no point has this body pronounced how covenants running with the land which were created prior to the existence of zoning laws should be treated, and therefore it is the intent of the General Assembly to clarify and correct the current vagaries in the law.”
Law reviews.
For article discussing options to purchase realty in Georgia, with respect to restrictive covenants, see 8 Ga. St. B.J. 229 (1971).
For note, “Regulation of Artificial Lakes and Recreational Subdivisions in Georgia,” recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972).
For note, “Restrictive Covenants: A Need For Reappraisal of the Limitations Period,” see 17 Ga. St. B.J. 137 (1981).
For annual survey on law of real property, see 42 Mercer L. Rev. 389 (1990).
For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 198 (1993).
For comment, “Injunction Remedy for Breach of Restrictive Covenants: An Economic Analysis,” see 45 Mercer L. Rev. 543 (1993).
For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000).
For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).
For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).
For annual survey on real property, see 71 Mercer L. Rev. 241 (2019).