Georgia Code
Title 44 - Property
Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Part 1 - Recording of Deeds and Other Real Property Transactions

§ 44-2-1. Where and When Deeds Recorded; Priority as to Subsequent Deeds Taken Without Notice From Same Vendor - Every deed conveying lands shall be recorded in the office...

§ 44-2-2. [Effective Until July 1, 2023. See note.] Duty of Clerk to Record Certain Transaction Affecting Real Estate and Personal Property; Priority of Recorded Instruments; Effect of Recording on Rights Between Parties to Instruments - History. Ga. L. 1889, p. 106, §§ 1, 4; Civil...

§ 44-2-2. [Effective July 1, 2023. See note.] Duty of Clerk to Record Certain Transaction Affecting Real Estate and Personal Property; Priority of Recorded Instruments; Electronic Filings; Effect of Incorrect Tax Parcel Identification Number; Effect... - History. Ga. L. 1889, p. 106, §§ 1, 4; Civil...

§ 44-2-3. Voluntary Deeds or Conveyances of Land; Effect of Recording - Every unrecorded voluntary deed or conveyance of land made by...

§ 44-2-4. Protection of Good Faith Purchases and Liens Without Notice Against Unrecorded Liens or Conveyances - History. Ga. L. 1912, p. 143, § 1; Code 1933,...

§ 44-2-5. Recording Execution and Deed After Sheriff’s Sale - A purchaser at a sheriff’s sale may have the execution...

§ 44-2-6. Recording Bond for Title, Contracts, Transfers, and Assignments; Priority as to Subsequent Deeds Taken Without Notice From Same Vendor - Every bond for title, bond to reconvey realty, contract to...

§ 44-2-7. Recording of Surrender or Satisfaction of Bond for Title - When any bond for title has been recorded and is...

§ 44-2-8. Recording of Options to Purchase Land and Assignments of Such Options; Effect as Notice - When executed with the formality prescribed for the execution of...

§ 44-2-9. Recording Leases, Usufructs, and Assignments Thereof; Effect as Notice - When executed with the formality prescribed for the execution of...

§ 44-2-10. Recording Deeds and Bills of Sale to Personalty; Effect as Notice - Absolute deeds and bills of sale to personalty may be...

§ 44-2-11. Recording Copy of Instrument Recorded in Other Counties in Which Part of Affected Land Is Located in Cases Where Original Lost or Destroyed - A copy from the registry of any instrument conveying or...

§ 44-2-12. Rerecording Lost or Destroyed Deeds and Other Instruments; Validity - When the record of any deed or other recorded instrument...

§ 44-2-13. Rerecording Instruments Upon Creation of New County or Change in County Lines; Effect on Validity of Original Record - History. Ga. L. 1908, p. 95, §§ 1, 2; Civil...

§ 44-2-14. Requirements for Recordation - History. Laws 1785, Cobb’s 1851 Digest, p. 164; Laws 1827,...

§ 44-2-15. Officers Authorized to Attest Registrable Instruments - Any of the instruments enumerated in Code Section 44-2-14 may...

§ 44-2-16. Effect of Acknowledgment Subsequent to Execution - If subsequent to its execution a recordable instrument is acknowledged...

§ 44-2-17. Validity of Attestation by a State or County Officer Who Appears to Have No Jurisdiction to Attest the Instrument - History. Ga. L. 1918, p. 209, § 1; Ga. L....

§ 44-2-18. Recording Deed Upon Affidavit of Subscribing Witness; Effect of Substantial Compliance - If a deed is neither attested by nor acknowledged before...

§ 44-2-19. Recording Deed on Affidavit of Third Person - If the subscribing witness or witnesses are dead, are insane,...

§ 44-2-20. Recorded Affidavits Relating to Land as Notice of Facts Cited Therein; Filing and Recording - Any such affidavits may be made by any person, whether...

§ 44-2-21. Recording Instrument Executed Out of State; Attestation and Acknowledgment; Validity of Attestation by Officer Who Appears to Have No Jurisdiction to Attest the Instrument - History. Ga. L. 1895, p. 73, § 1; Civil Code...

§ 44-2-22. Legal Effect of Good Record Title for 40 Years - A prima-facie case shall be made out in actions respecting...

§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant - Where an affidavit of forgery has been filed to the...

§ 44-2-25. Recording Techniques; Copies of Plats - All decrees, deeds, mortgages, or other instruments affecting the title...

§ 44-2-26. Recording of Plat or Copy of Plat — When and Where Authorized; Duty of Clerk - The owner of real property or of any interest therein...

§ 44-2-27. Recording of Plat — When Deemed Recorded - When any plat is filed by the clerk of superior...

§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference - When any deed, mortgage, or other instrument conveying an interest...

§ 44-2-29. Recording of Plat or Copy of Plat — Ratification of Record Made Prior to Statutory Authorization; Effect of Incorporation by Reference of Plat Prior to Authorization - Any plats or any blueprints, tracings, photostatic copies, or other...

§ 44-2-30. Filing and Recording of Notice of Settlement - Click to view This form must be executed by a...

Part 2 - Uniform Real Property Electronic Recording

§ 44-2-35. Short Title - This part shall be known and may be cited as...

§ 44-2-36. Definitions - As used in this part, the term: History. Code 1981,...

§ 44-2-37. Electronic Documents Treated as Original; Electronic Signatures Acceptable - History. Code 1981, § 44-2-37 , enacted by Ga. L....

§ 44-2-38. Role of Clerk of Court - A clerk of superior court: History. Code 1981, § 44-2-38...

§ 44-2-39. Adoption of Rules and Regulations; Standardization - History. Code 1981, § 44-2-39 , enacted by Ga. L....

§ 44-2-39.1. Promotion of Uniformity - In applying and construing this part, consideration shall be given...

§ 44-2-39.2. Construction With Federal Law - The provisions of this part modify, limit, and supersede the...

Article 2 - Land Registration

Part 1 - In General

§ 44-2-40. Short Title - This article shall be known and may be cited as...

§ 44-2-41. Definitions - As used in this article, the term: History. Ga. L....

§ 44-2-42. Performance of Clerk’s and Sheriff’s Duties by Deputies; Liability - The duties required of the clerk and the sheriff by...

§ 44-2-43. Fraud, Forgery, and Theft in Connection With Registration of Title to Land; Penalty - Any person who: (1) fraudulently obtains or attempts to obtain...

§ 44-2-44. Fraudulent Acts by Office of Clerk Personnel; Penalties - Any clerk, deputy clerk, special clerk, or other person performing...

§ 44-2-45. Fraud or False Entries by Sheriffs and Deputies; Penalties - Any sheriff, deputy sheriff, or other person performing the duties...

§ 44-2-46. Fraudulent Acts and Malpractice of Examiners; Penalty - Any examiner of title who knowingly and fraudulently makes any...

§ 44-2-47. Reduction of Felonies Under This Article to Misdemeanors - The felonies provided for in this article may, in the...

Part 2 - Proceedings to Register

§ 44-2-60. Jurisdiction of Superior Court Over Matters in This Article - For the purpose of enabling all persons owning real estate...

§ 44-2-61. Proceedings to Be in Rem; Operation of Decree - The proceedings under any petition for the registration of land...

§ 44-2-62. Procedure as to Actions for Registration; Persons Under Disability - Action for registration of title shall be begun by a...

§ 44-2-63. Persons Claiming Less Than Fee; Establishing Title Without Registration - Any person possessing lands and claiming an interest or estate...

§ 44-2-64. Petition — Verification; Contents; Description of Land; Surveys; Amendments - The petition and amendments thereto shall be signed and sworn...

§ 44-2-65. Petition — Inclusion of Separate Parcels in One Proceeding; Individual Registration of Separate Parts of One Tract - Any number of separate parcels of land which are claimed...

§ 44-2-66. Petition — Persons Included as Defendants - The petition shall include as defendants all persons whom it...

§ 44-2-67. Issuance and Service of Process or Summons; Service by Publication; Notice to Nonresidents; Request for Petition; Guardians Ad Litem - Click to view However, if the petitioner so requests and...

§ 44-2-68. Appointment of Resident Agent for Service on Nonresident Petitioner - A nonresident petitioner shall appoint a resident agent or attorney...

§ 44-2-69. Service Upon State, County, or Municipality - If the petition discloses that it involves the determination of...

§ 44-2-70. Waiver or Acknowledgment of Service - Any person entitled to notice or service of process under...

§ 44-2-71. Conclusive Effect of Evidence of Service of Process and Notice; Liability of Officers for False Returns or Failure to Publish or Mail Notice - Before passing the decree authorizing the registration of land, the...

§ 44-2-72. Posting Notice on Land and Buildings; Ascertainment of and Notice to Occupants; Return to Court; Seizure and Custody of the Land and Attachment of Jurisdiction - History. Ga. L. 1917, p. 108, § 14; Code 1933,...

§ 44-2-73. Effect of Notice; Appearances or Pleadings as Waiver of Service, Notice, and Defects - The notices provided for and to be given under this...

§ 44-2-74. Service on Other Persons Found by Examiner to Be Entitled to Notice - If the report of the examiner discloses that persons other...

§ 44-2-75. Additional Notice; Judge’s Discretion - Wherever notice is required by this article and no provision...

§ 44-2-76. Who May File Objections or Cross-Action to Petition - Any person, whether notified or not, may become a party...

§ 44-2-77. Survey of Land Upon Order of Judge or Examiner; Notice to Adjoining Landowners; Protest; Procedure for Trying Issue - While the cause is pending before the examiner of titles...

§ 44-2-78. Dismissal Without Prejudice - If the petitioner’s title is not and cannot be made...

§ 44-2-79. Amendment or Severance of Petitions or Other Pleadings; Power of Court or Examiner to Require Additional Facts - Amendments to petitions or other pleadings, including joinder, substitution, or...

§ 44-2-80. Treatment of Land Pending Registration; Appearance of Person Acquiring Interest in Land Pending Registration - Pending registration, the land described in any petition may be...

§ 44-2-81. No Default Judgment or Decree - No decree shall be rendered by default and without the...

§ 44-2-82. Entry of Judgment and Decree; Inclusion of Limitations and Encumbrances; Decree in Favor of Cross-Action; Separate Decree for Each Parcel - After the record has been perfected and settled, the judge...

§ 44-2-83. Conclusiveness of Decree; Effect of Disability on Conclusiveness; Recourse of Persons Under a Disability Against Assurance Fund - Every decree rendered as provided in this article shall bind...

§ 44-2-84. Review by Court of Appeals - All judgments and decrees of the superior court or the...

Part 3 - Examiners

§ 44-2-100. Appointment and Qualification of Examiners and Special Examiners; Filing Order of Appointment and Affidavit - The judge of the superior court of each judicial circuit...

§ 44-2-101. Referral of Case to Examiner; Preliminary Report; Contents; Time of Filing - Upon the filing of a petition as provided in this...

§ 44-2-102. Hearing; Final Report; Delay of Hearing to Add New Parties; Notice - As soon as practicable after the return day stated in...

§ 44-2-103. Examiner’s Powers; Contents, Filing, and Notice of Examiner’s Report; Right to Jury Trial, New Trial, and Appeal; Recommitment to Examiner After Trial or Reversal on Appeal - History. Ga. L. 1917, p. 108, § 20; Code 1933,...

§ 44-2-104. Authority to Inspect Pertinent Records - For the purposes of this article, every clerk of the...

§ 44-2-105. Appointment of Stenographer; Compensation - In any case, by consent of the parties or upon...

Part 4 - Registers and Registration

§ 44-2-120. Furnishing and Maintaining Register Books; Issuance of Owner’s Certificate of Title - History. Ga. L. 1917, p. 108, § 28; Code 1933,...

§ 44-2-121. Signing and Dating Register Entries and Owners’ Certificates - Every entry made in the register of decrees of title,...

§ 44-2-122. Clerk’s Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction - History. Ga. L. 1917, p. 108, § 59; Code 1933,...

§ 44-2-123. Clerk’s Duty to Ensure Proper Execution of Voluntary Transfer; Liability for Damage or Loss Arising From Registration of Improperly Executed Transfer - Before registering any voluntary transfer, the clerk shall satisfy himself...

§ 44-2-124. Performance of Duties Upon Disqualification, Death, or Disability of Clerk - If a clerk of the superior court is disqualified by...

§ 44-2-125. When Recordation Other Than Registration Not Required; Filing Instruments; Admissibility of Certified Copies and Use as Evidence; Recordation Procedure When Instrument Is Not in Short Form - History. Ga. L. 1917, p. 108, § 38; Code 1933,...

§ 44-2-126. Notation of Lien or Encumbrance on Certificate of Title — in General - Any writing or instrument for the purpose of encumbering or...

§ 44-2-127. Notation of Lien or Encumbrance on Certificate of Title — Registered Encumbrances, Rights, and Adverse Claims - All registered encumbrances, rights, or adverse claims affecting registered estates...

§ 44-2-128. Registration of Transactions Affecting Unregistered Land as Notice - Every voluntary or involuntary transaction which if recorded, filed, or...

§ 44-2-129. Registration of Involuntary Transactions on Court’s Order; Form - Except as otherwise provided in this article, in cases of...

§ 44-2-130. Cancellation of Decedent’s Certificate and Issuance of New Certificate to Personal Representative - Upon the grant of letters of administration or executorship by...

§ 44-2-131. Declaration of Title by Descent Upon Petition; Service of Petition and Publication of Notice; Transfer of Registered Title and Issuance of New Certificates; Rights of Surviving Spouse - History. Ga. L. 1917, p. 108, § 45; Code 1933,...

§ 44-2-132. Compelling Production of Owner’s Certificate for Registration of Involuntary Transfer; Cancellation of Certificate Upon Failure to Produce It; Notice of Cancellation - Whenever an involuntary transfer is sought to be registered under...

§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner’s Certificate - Whenever an owner’s certificate of title is lost or destroyed,...

§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat - History. Ga. L. 1917, p. 108, § 60; Code 1933,...

§ 44-2-135. Obtaining Notations in Title Register - In order to cause notations of judgments, liens, encumbrances, or...

§ 44-2-136. Cancellation of Mortgage, Lien, Equity, or Lis Pendens; Entry of Cancellation on Title Register and Certificate; Procedure Upon Refusal to Authorize Cancellation - History. Ga. L. 1917, p. 108, § 62; Code 1933,...

§ 44-2-137. What Adverse Claims Affect Registered Land; Effect of Fraud or Forgery; Limitations on Actions to Set Aside - History. Ga. L. 1917, p. 108, § 63; Code 1933,...

§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence - Notwithstanding any other provision of this article, any injured party...

§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land - Title to or right or interest in registered land in...

§ 44-2-141. Rights, Burdens, and Incidents as to Both Registered and Unregistered Land; Validity of Transfers of Title by Last Registered Owner - Except as otherwise specifically provided by this article, registered land...

§ 44-2-142. Notation of Change of Name on Register and Certificate - Any person who has any interest in registered land and...

§ 44-2-143. Notation of Liens and Lis Pendens on Register; Effect Absent Notation - No judgment, levy, or other lien except a lien for...

§ 44-2-144. Freeing Land From Further Registration; Certificates as Conclusive Source of Title; Notation of Encumbrances; When Land Automatically Freed; Registered Land Free of Further Registration; Exception - History. Ga. L. 1917, p. 108, § 65; Code 1933,...

Part 5 - Conveyance, Transfer, and Descent

§ 44-2-160. Manner of Recording Deeds Conveying Title to Registered Land; Validity of Previous Conveyances of Registered Land - Deeds conveying title to all registered estates shall be recorded...

§ 44-2-161. Partial Transfer of Registered Land; Undivided Interest; Interest in Particular Portion; Notations on Register; Issuance of Certificates - History. Ga. L. 1917, p. 108, § 31; Code 1933,...

§ 44-2-162. Subdivision of Registered Land; Procedure - The owner or owners of a tract of land embraced...

§ 44-2-163. Conveyance to Secure Debt; Form; Notation and Registration; Creditor’s Certificate - The owner of any registered land who desires to convey...

§ 44-2-164. Assignment or Negotiation of Creditor’s Certificate; Effect of Transfer of Indebtedness; Surrender and Cancellation of Certificate; Order of Cancellation; Notation - The creditor’s certificate shall be assignable or negotiable to the...

§ 44-2-165. Sale by Holder of Creditor’s Certificate; Application for Transfer to Purchaser; Opportunity to Object to Transfer; Order of Application of Sale Proceeds - If the debt secured by a creditor’s certificate or any...

§ 44-2-166. Transfer to Secure Debt; Notation of Bond for Title or to Reconvey - Nothing in this article shall prevent the owner of land...

§ 44-2-167. Validity and Priority of Unrecorded Transfers of Owner’s Certificate to Registered Lands - Unrecorded transfers of owner’s certificate to registered lands shall have...

§ 44-2-169. Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer - Subject to the powers, rights, and duties of administration, the...

§ 44-2-170. Right of Personal Representative to Have Registered Land Transferred to Him Where Such Land Transferred to Heirs Before His Appointment; Action Against Heirs Who Have Improperly Appropriated Land - After a transfer of registered land has been made to...

§ 44-2-171. Procedure for Ascertaining, and Transfer To, Heirs or Beneficiaries - History. Ga. L. 1917, p. 108, § 47; Code 1933,...

§ 44-2-172. Transfer by Clerk Pursuant to Judgment; Production of Copy of Decree and Order - Wherever, as the result of a proceeding in any court,...

§ 44-2-173. Petition for Involuntary Transfer; Referral to Examiner; Notice; Appointment of Guardians Ad Litem; Order of Transfer - Whenever it is desired to have an involuntary transfer registered,...

§ 44-2-174. Attack on Transfers Made to Hinder, Delay, or Defraud Creditors; Decree Voiding Such Transfer; Entry of Cancellations and Transfers on Register and Certificate - Nothing in this article shall prevent any transfer or other...

§ 44-2-175. Registering Subsequent Transfers or Voluntary Conveyances of Land Held in Trust or Otherwise Restricted - Whenever a writing or record is filed for the purpose...

§ 44-2-176. Duty of Tax Officer to Have Delinquent Taxes or Assessments Noted; Effect of Delinquencies Prior to Notation; Liability of Officer - After December 31 of every year, it shall be the...

Part 6 - Assurance Fund

§ 44-2-190. Payment Into Assurance Fund Upon Original Registration; Determination of Amount - Upon the original registration of any land under this article,...

§ 44-2-191. Separate Account for Assurance Fund - All money received by the clerk under Code Section 44-2-190...

§ 44-2-192. Investment of Fund; Application of Income; Transfer of Excess - The moneys collected pursuant to Code Section 44-2-190, insofar as...

§ 44-2-193. Action Against Fund — Limitations; Defense by Attorney General; Measure of Damages; Tolling of Limitations During Disability; Notice to Unknown Persons - History. Ga. L. 1917, p. 108, § 77; Code 1933,...

§ 44-2-194. Action Against Fund — Parties Defendant - If an action contemplated by Code Section 44-2-193 is brought...

§ 44-2-195. Action Against Fund — Execution on Judgment; Payment From Fund; Liability of Other Defendants to Plaintiff and to Fund - If judgment shall be rendered for the plaintiff in any...

§ 44-2-196. Action Against Fund — How Judgments Satisfied When Fund Insufficient; Interest - If, at any time, the assurance fund is insufficient to...

§ 44-2-197. Liability of Fund for Registered Owner’s Breach of Trust - The assurance fund shall not under any circumstances be liable...

Part 7 - Fees

§ 44-2-210. Fees Under Article; Deposit and Payment of Fees; Award of Costs - History. Ga. L. 1917, p. 108, § 120; Code 1933,...

Part 8 - Forms

§ 44-2-220. Power of Judges to Make General Rules and Forms for Matters Under This Article; Power to Modify Forms; Uniformity of Forms - The judges of the superior courts may, from time to...

§ 44-2-221. Petition to Register Land - The following is prescribed as the form of petition to...

§ 44-2-222. Process - The following is prescribed as the form of process to...

§ 44-2-223. Advertisement - The advertisement to be inserted in the newspaper in which...

§ 44-2-224. Acknowledgment of Service - Acknowledgment of service may be made in the following form,...

§ 44-2-225. Sheriff’s Return - The sheriff’s return should be made substantially in the following...

§ 44-2-226. Certificate of Mailing; Entry of Such Certificate on Petition - The clerk should also enter on the petition a certificate...

§ 44-2-227. Examiner’s Appointment - A form reading substantially as follows should be used in...

§ 44-2-228. Oath of Examiner - The examiner is required to take the following oath, to...

§ 44-2-229. Referral to Examiner - Upon the clerk’s notifying the judge that a petition has...

§ 44-2-230. Preliminary Report of Examiner; Schedules - The following is suggested as the general form of the...

§ 44-2-231. Final Report of Examiner - The following is suggested as the general form of the...

§ 44-2-232. Decrees of Title - Decrees of title should be rendered in accordance with the...

§ 44-2-233. Book of Decrees; Index - Click to view “Entered and registered this day of ,...

§ 44-2-234. Title Register Book; Registered Title Number; Index of Title Register - Click to view Click to view Click to view Click...

§ 44-2-235. Duty of Clerk to Enter on New Certificate All Entries and Notations of Record - When registering a certificate of title upon a transfer, the...

§ 44-2-236. Certified Copies of Certificates of Title or Entries Thereon - Upon request of any person and the payment of lawful...

§ 44-2-237. Recordation and Notation of Plat - Whenever a plat of the premises which is too large...

§ 44-2-238. Recordation of Lengthy Description — Reference on Title Register; Effect - Whenever, in the registering of any certificate of title or...

§ 44-2-239. Recordation of Lengthy Description — Notation on Owner’s or Creditor’s Certificate; Attaching Certified Copy; Fee - Whenever any of the description or details of a certificate...

§ 44-2-240. Owner’s Certificate of Title - Click to view OWNER’S CERTIFICATE OF TITLE Registered Title No....

§ 44-2-241. Transfer of Whole of Registered Estates, Undivided Interests, Divided Portions, and to Secure Debt, With Power of Sale - The following are prescribed as the regular forms of transfer,...

§ 44-2-242. Creditor’s Certificate; Endorsement of Certificate - Click to view Click to view CREDITOR’S CERTIFICATE State of...

§ 44-2-243. Transfer of Portion or Undivided Interest to Secure Debt - Where only a portion of the registered land or only...

§ 44-2-244. Judge’s Order of Transfer - Click to view IN THE SUPERIOR COURT OF COUNTY STATE...

§ 44-2-245. Registration and Recordation of Mortgages - Click to view The undersigned to secure the following indebtedness...

§ 44-2-246. Notation of Delinquent Taxes or Assessments - Delinquent taxes and assessments shall be noted on the title...

§ 44-2-247. Notation of Judgment - The regular form to be used for the notation of...

§ 44-2-248. Notation of Special Right; Notice of Lis Pendens; Recordation and Notation of Lengthy Descriptions - Click to view Click to view REQUEST FOR NOTATIONS OF...

§ 44-2-249. Cancellation of Creditor’s Certificate - The owner of a creditor’s certificate may authorize the clerk...

§ 44-2-250. Request to Cancel Entries - Authority for the clerk to cancel entries of other liens,...

§ 44-2-252. Updating Entries and Notations on Owner’s Certificate; Clerk’s Endorsement - The holder of an uncanceled owner’s certificate of title may...

§ 44-2-253. Filing Cases; Method of Filing Papers Relating to Registered Lands - The county governing authority shall furnish the clerk with the...

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Georgia Code Title 44 - Property Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Georgia Code
Title 44 - Property
Chapter 2 - Recordation and Registration of Deeds and Other Instruments