Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property

§ 44-5-5. Application to Governor for Correction of Errors; Notice to Interested Parties; Evidence of Error or Mistake; Order for Correction of Errors - In all cases where errors in issuing or recording grants...

§ 44-5-6. When Correction Refused - If objections are filed to the proceedings instituted pursuant to...

§ 44-5-7. Trial in Superior Court - If it is unclear whether the proposed correction would interfere...

§ 44-5-8. Filing and Preserving Papers and Evidence - All the papers and evidence upon every application made pursuant...

§ 44-5-9. Advertising Prior to Issuing Corrected Grant Where Original Lost - If the applicant for a corrected grant is not able...

§ 44-5-10. Effect of Corrected Grant; Notation of Correction - History. Orig. Code 1863, § 2331; Code 1868, § 2328;...

§ 44-5-11. Grounds for Setting Aside Grants - Upon a writ of scire facias, grants issued by the...

§ 44-5-12. Impeachment of Grants; Grounds; Effect of Irregularities or Misnomer - Grants may be impeached before the courts where they are:...

§ 44-5-13. Grants by Implication; Presumptions Favor Grants - A grantee of lands or a franchise takes nothing by...

§ 44-5-14. Presumption of Grant on 20 Years’ Possession - When the land is subject to entry and grant, 20...

Article 2 - Conveyances

§ 44-5-30. Requisites of Deed to Lands; Inquiry Into Consideration - Except for documents electronically filed as provided for in Chapter...

§ 44-5-31. Requisites of Deed to Personalty; Necessity for Deed - A deed to personalty needs no attesting witness to make...

§ 44-5-32. Requisites of Instruments Other Than Deeds - Every bond for title, bond to reconvey realty, contract to...

§ 44-5-33. Form of Deed - No prescribed form is essential to the validity of a...

§ 44-5-34. Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties - If two clauses in a deed are utterly inconsistent, the...

§ 44-5-35. Apportionment of Price for Deficiency in Number of Acres; Rescission - In a sale of lands, if the purchase is per...

§ 44-5-36. Purchaser’s Remedies for Loss of Land Due to Title Defect - If the purchaser loses part of his land from a...

§ 44-5-37. Applicability of Code Sections 53-2-112 Through 53-2-114 to Elections Under or Against Deed - The principles of Code Sections 53-2-112 through 53-2-114 relating to...

§ 44-5-38. Effect of Recital in Deed of Receipt of Purchase Money - Recital in a deed that the purchase money has been...

§ 44-5-39. Binding Effect of Covenants on Grantee Who Accepts Deed - When a grantee accepts a deed, he is bound by...

§ 44-5-40. Conveyance of Future Interests or Estates - Future interests or estates are descendible, devisable, and alienable in...

§ 44-5-41. Voidance and Ratification of Conveyance to or by a Minor - A deed, security deed, bill of sale to secure debt,...

§ 44-5-42. Delivery of Deed to Third Party as Escrow; Possession as Proof of Delivery - A deed delivered to a third party, to be delivered...

§ 44-5-43. Effect of Adverse Possession on Making of Deed - A deed to lands which is made while the lands...

§ 44-5-44. Estoppel From Claiming Adversely to Own Deed - The maker of a deed cannot subsequently claim adversely to...

§ 44-5-46. Establishment of Copy of Deed Upon Loss of Original; Effect of Copy - If an original deed is lost, a copy may be...

§ 44-5-47. Liability of Purchaser for Costs of Conveyance - Without an expressed stipulation to the contrary, a purchaser must...

§ 44-5-48. Deeds Conveying Interest in Real Property Used as Commercial Landfill - History. Code 1981, § 44-5-48 , enacted by Ga. L....

Article 3 - Covenants and Warranties

§ 44-5-59. Covenant Running With the Land Between Property Owner and Third Party - Except as provided in Code Section 44-5-60 and excluding covenants...

§ 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;...

§ 44-5-61. Implied Warranty of Title - In a sale of land there is no implied warranty...

§ 44-5-62. General Warranty — Scope - A general warranty of title against the claims of all...

§ 44-5-63. General Warranty — Defects Known to Purchaser - In a deed, a general warranty of title against the...

§ 44-5-64. Action for Breach of Warranty — Burden of Proof - In actions for breach of warranty of title, the burden...

§ 44-5-65. Action for Breach of Warranty — Necessity for Offer to Rescind; Mitigation of Damages - To recover upon a breach of a covenant of warranty...

§ 44-5-66. Action for Breach of Warranty — Measure of Damages - Upon a breach of a covenant of warranty of title...

§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages - Upon the breach of a bond for title to land,...

Article 4 - Gifts Generally

Part 1 - Inter Vivos Gifts

§ 44-5-80. Criteria for Making Valid Inter Vivos Gift - To constitute a valid inter vivos gift, the following criteria...

§ 44-5-81. When Acceptance Presumed; Acceptance for Minors and Corporations - If a gift is of substantial benefit, the law will...

§ 44-5-82. Delivery; Constructive Delivery - Actual manual delivery is not essential to the validity of...

§ 44-5-83. Written Gift - A gift in writing, without good consideration and without delivery,...

§ 44-5-84. Presumption of Gift Arising From Delivery of Personalty by Parent to Child Living Separate From Parent - The delivery of personal property by a parent into the...

§ 44-5-85. Rebuttable Presumption of Gift of Lands Belonging to Parent but in Possession of Child for Seven Years - The exclusive possession by a child of lands which originally...

§ 44-5-86. Gifts by Person Subject to Undue Influence; Avoidance - A gift by a person who is just over the...

§ 44-5-87. Implied Trust on Failure of Specific Purpose for Which Gift Made - If a gift is made for a specific purpose which...

§ 44-5-88. Gifts Void Against Creditors and Bona Fide Purchasers - History. Orig. Code 1863, § 2619; Code 1868, § 2620;...

§ 44-5-89. Donation of Blood by Persons Over 17 Years of Age - Any person who is a resident of this state and...

Part 2 - Gifts Causa Mortis

§ 44-5-100. Criteria for Making Valid Gift Causa Mortis - History. Orig. Code 1863, § 2626; Code 1868, § 2626;...

Article 5 - The Georgia Transfers to Minors Act

§ 44-5-110. Short Title - This article shall be known and may be cited as...

§ 44-5-111. Definitions - As used in this article, the term: History. Code 1981,...

§ 44-5-112. Applicability of Article - History. Code 1981, § 44-5-112 , enacted by Ga. L....

§ 44-5-113. Nomination of Custodian - History. Code 1981, § 44-5-113 , enacted by Ga. L....

§ 44-5-114. Irrevocable Gift or Exercise of Power of Appointment Made Under Code Section 44-5-119 - A person may make a transfer by irrevocable gift to,...

§ 44-5-115. Irrevocable Transfer by Personal Representative or Trustee to Custodian for Minor’s Benefit - History. Code 1981, § 44-5-115 , enacted by Ga. L....

§ 44-5-116. Irrevocable Transfer by Personal Representative, Trustee, or Guardian to Custodian - History. Code 1981, § 44-5-116 , enacted by Ga. L....

§ 44-5-117. Transfers by Other Persons to Custodian - History. Code 1981, § 44-5-117 , enacted by Ga. L....

§ 44-5-118. Effect of Custodian’s Written Acknowledgment of Delivery - A written acknowledgment of delivery by a custodian constitutes a...

§ 44-5-119. Creation and Transfer of Custodial Property - Click to view Click to view Click to view Click...

§ 44-5-120. Single Custodianship - A transfer may be made only for one minor, and...

§ 44-5-121. Validity of Transfer - History. Code 1981, § 44-5-121 , enacted by Ga. L....

§ 44-5-122. Powers and Duties of Custodian; Name in Which Registered Securities to Be Held; Commingling With Personal Assets - History. Code 1981, § 44-5-122 , enacted by Ga. L....

§ 44-5-123. Custodian’s Rights, Powers, and Authority Over Custodial Property; Liability for Breach of Code Section 44-5-122 - History. Code 1981, § 44-5-123 , enacted by Ga. L....

§ 44-5-124. Custodial Discretion in Transfers of Custodial Property for Support, Maintenance, Education, and General Use and Benefit of Minor - History. Code 1981, § 44-5-124 , enacted by Ga. L....

§ 44-5-125. Compensation; Expenses of Custodian; Bond - History. Code 1981, § 44-5-125 , enacted by Ga. L....

§ 44-5-126. Liability of Third Person for Dealings With Person Purporting to Act in Capacity of Custodian - A third person in good faith and without court order...

§ 44-5-127. Assertion of Claim Arising Out of Custodial Relationship - may be asserted against the custodial property by proceeding against...

§ 44-5-128. Appointment of Successor Custodian - History. Code 1981, § 44-5-128 , enacted by Ga. L....

§ 44-5-129. Accounting by Custodian; Petition for Accounting - History. Code 1981, § 44-5-129 , enacted by Ga. L....

§ 44-5-130. Transfer of Custodial Property by Custodian to Minor or Minor’s Estate - The custodian shall transfer in an appropriate manner the custodial...

§ 44-5-131. Applicability to Transfers Made After July 1, 1990 - This article applies to a transfer within the scope of...

§ 44-5-132. Applicability to Transfers Made Prior to July 1, 1990 - History. Code 1981, § 44-5-132 , enacted by Ga. L....

§ 44-5-133. Uniform Applicability of Article - This article shall be applied and construed to effectuate its...

§ 44-5-134. Exceptions to Article - The former Article 5 of this chapter, known as “The...

Article 6 - Revised Uniform Anatomical Gifts

§ 44-5-140. Short Title - This article shall be known and may be cited as...

§ 44-5-141. Definitions - As used in this article, the term: History. Code 1981,...

§ 44-5-142. Anatomical Gifts During Life of Donor - Subject to Code Section 44-5-146, an anatomical gift of a...

§ 44-5-143. Method to Make an Anatomical Gift - History. Code 1981, § 44-5-143 , enacted by Ga. L....

§ 44-5-144. Amending, or Revoking an Anatomical Gift - History. Code 1981, § 44-5-144 , enacted by Ga. L....

§ 44-5-145. Refusal to Make an Anatomical Gift - History. Code 1981, § 44-5-145 , enacted by Ga. L....

§ 44-5-146. Role and Authority of People Other Than Donor - History. Code 1981, § 44-5-146 , enacted by Ga. L....

§ 44-5-147. Classes of Persons Available to Make Donations; Priority - History. Code 1981, § 44-5-147 , enacted by Ga. L....

§ 44-5-148. Signed Writing or Oral Communication Required for Gift of Document - History. Code 1981, § 44-5-148 , enacted by Ga. L....

§ 44-5-149. Recipients of Anatomical Gifts of Procurement Organizations - History. Code 1981, § 44-5-149 , enacted by Ga. L....

§ 44-5-150. Search and Notification for Information Identifying Donor Status - History. Code 1981, § 44-5-150 , enacted by Ga. L....

§ 44-5-151. Delivery of Document - History. Code 1981, § 44-5-151 , enacted by Ga. L....

§ 44-5-152. Rights and Duties of Procurement Organizations - History. Code 1981, § 44-5-152 , enacted by Ga. L....

§ 44-5-153. Coordination of Procurement and Use - Each hospital in this state shall enter into agreements or...

§ 44-5-154. Limited Prohibition on Sale or Purchase of Body Parts - History. Code 1981, § 44-5-154 , enacted by Ga. L....

§ 44-5-155. Penalties - A person that, in order to obtain a financial gain,...

§ 44-5-156. Immunity - History. Code 1981, § 44-5-156 , enacted by Ga. L....

§ 44-5-157. Requirements for Validity of Document of Gift; Governing Law - History. Code 1981, § 44-5-157 , enacted by Ga. L....

§ 44-5-158. Donor Registry - History. Code 1981, § 44-5-158 , enacted by Ga. L....

§ 44-5-159. Impact of Anatomical Gift on an Advance Directive for Health Care - If a prospective donor has an advance directive for health...

§ 44-5-159.1. Cooperation Between Medical Examiners and Procurement Organizations - History. Code 1981, § 44-5-159.1 , enacted by Ga. L....

§ 44-5-159.2. Role of Medical Examiner - History. Code 1981, § 44-5-159.2 , enacted by Ga. L....

§ 44-5-159.3. Application - This article applies to an anatomical gift or amendment to,...

§ 44-5-159.4. Construction With Federal Law - This article modifies, limits, and supersedes the Electronic Signatures in...

Article 7 - Prescription

§ 44-5-160. Nature of Title by Prescription - Title by prescription is the right to property which a...

§ 44-5-161. Adverse Possession; Effect of Permissive Possession - History. Ga. L. 1851-52, p. 238, § 2; Code 1863,...

§ 44-5-162. Effect of Fraud on Prescription - History. Civil Code 1895, § 3597; Civil Code 1910, §...

§ 44-5-163. When Adverse Possession for 20 Years Confers Title - Possession of real property in conformance with the requirements of...

§ 44-5-164. When Adverse Possession for Seven Years Confers Title - Possession of real property under written evidence of title in...

§ 44-5-165. How Actual Possession of Lands Evidenced - Actual possession of lands may be evidenced by enclosure, cultivation,...

§ 44-5-166. Constructive Possession of Lands; Effect of Constructive Possession of Same Land by Adjacent Owners - History. Orig. Code 1863, § 2640; Code 1868, § 2639;...

§ 44-5-167. Extent of Constructive Possession Under Deed; Judicial Notice - Possession under a duly recorded deed shall be construed to...

§ 44-5-168. Adverse Possession of Mineral Rights Under Certain Conditions; Procedure to Obtain Title - History. Code 1933, § 85-407.1, enacted by Ga. L. 1975,...

§ 44-5-169. Possession of Land as Notice; Presumption From Possession of Husband and Wife - Possession of land shall constitute notice of the rights or...

§ 44-5-170. Effect of Disabilities on Commencement of Prescription - Prescription shall not run against the rights of a minor...

§ 44-5-171. Effect of Intervening Disabilities; Tacking - Prescription shall not run against persons under disability during the...

§ 44-5-172. Tacking of Successive Possessions - An inchoate prescriptive title may be transferred by a person...

§ 44-5-173. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions - History. Laws 1847, Cobb’s 1851 Digest, p. 569; Ga. L....

§ 44-5-174. Tacking of Prior Possession Originating in Fraud - In making out a prescriptive title, an innocent purchaser may...

§ 44-5-175. Prescription Involving Incorporeal Rights - An incorporeal right which may be lawfully granted, such as...

§ 44-5-176. Effect on Prescription of Notice of Instrument Creating a Lien - Prescription shall not run against the owner or holder of...

§ 44-5-177. Adverse Possession of Personal Property - Possession of personal property in conformance with the requirements of...

Article 9 - Forfeiture

§ 44-5-210. Lien of State for Costs of Prosecution - The state shall hold a lien upon all the property...

§ 44-5-211. Forfeiture of Abandoned Cemetery Lots; Proceedings for Reclamation and Subsequent Sale; Disposition of Proceeds - History. Code 1933, § 85-420, enacted by Ga. L. 1977,...

Article 10 - Dedication

§ 44-5-230. Dedication of Lands to Public Use - After an owner dedicates land to public use either expressly...

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Georgia Code Title 44 - Property Chapter 5 - Acquisition and Loss of Property

Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property