Georgia Code
Title 44 - Property
Chapter 6 - Estates

§ 44-6-21. Words Necessary to Create Absolute Estate; Preference for Construing as Conveyance; Maker’s Intention Controls; Parol Evidence - The word “heirs” or its equivalent is not necessary to...

§ 44-6-22. Creation of Estate to Commence in Future; Fee in Abeyance; Fee Limited Upon Fee - An absolute estate may be created to commence in the...

§ 44-6-23. Construction of Words Such as “Heirs” or “Heirs of body.” - Limitations over to “heirs,” “heirs of the body,” “lineal heirs,”...

§ 44-6-24. Estates Tail Abolished; Effect of Limitations Which Would Create Estate Tail by Implication - History. Laws 1799, Cobb’s 1851 Digest, p. 167; Laws 1821,...

§ 44-6-25. Construction and Effect of Limitations Over After Death of First Taker - All limitations over after the death of the first taker,...

Article 3 - Estates Granted Upon Conditions

§ 44-6-40. Grant of Estates Upon Conditions - An estate may be granted upon either express or implied...

§ 44-6-41. Conditions Precedent and Subsequent Distinguished; Preferred Construction and Remedy - Conditions may be either precedent or subsequent; conditions precedent require...

§ 44-6-42. Right of Entry After Breach of Condition Subsequent - Upon the breach of a condition subsequent, which breach works...

§ 44-6-43. Certain Conditions Void - Conditions which are repugnant to the estate granted, which require...

§ 44-6-44. Effect of Legal Disabilities on Conditions; Notice of Condition - No legal disability except that of being non compos mentis...

Article 4 - Remainders and Reversions

§ 44-6-60. Nature of Estates in Remainder and in Reversion; Rights of Reversioner - History. Orig. Code 1863, § 2245; Code 1868, § 2237;...

§ 44-6-61. Vested and Contingent Remainders Distinguished - Remainders are either vested or contingent. A vested remainder is...

§ 44-6-62. Effect of Defeat of Estate on Remainder - Since no particular estate is necessary to sustain a remainder,...

§ 44-6-63. Interest of Heirs of Remainderman - Reserved. Repealed by Ga. L. 1994, p. 364, § 2,...

§ 44-6-64. Creation of Remainders by Parol - Estates in remainder may not be created by parol. History....

§ 44-6-65. Creation of Remainder for Persons Not in Being; Vested Remainder Subject to Open - Estates in remainder may be created for persons not in...

§ 44-6-66. Preference for Vested Remainders; Construction of Words of Survivorship in Wills - The law favors the vesting of remainders in all cases...

§ 44-6-67. Effect of Executor’s Assent to Legacy to Life Tenant on Remainderman; Possession at Termination of Life Estate - The assent of an executor to a legacy to a...

§ 44-6-68. Validity of Limitations Over Upon Marriage of Widow - Limitations over upon the marriage of a widow shall be...

Article 5 - Life Estates

§ 44-6-80. Nature of Life Estates; Estates During Widowhood - Estates which may extend during the life of a person...

§ 44-6-81. Length of Life Estate - An estate for life may be either for the life...

§ 44-6-82. How and in What Property Life Estate May Be Created - History. Orig. Code 1863, § 2233; Code 1868, § 2227;...

§ 44-6-83. Rights and Duties of Life Tenant; Forfeiture of Interest to Remainderman - The tenant for life shall be entitled to the full...

§ 44-6-84. Ownership of Increase of Property - The natural increase of the property shall belong to the...

§ 44-6-85. When Life Tenant Entitled to Emblements - If a life estate is terminated by the act of...

§ 44-6-86. Rights of Lessee Upon Termination of Life Estate - If the tenant for life rents the land by the...

§ 44-6-87. Effect of Purported Sale of Estate by Life Tenant - No forfeiture shall result when a tenant for life purports...

§ 44-6-88. Demand for Bond by Purchaser of Life Estate in Personalty; Effect of Failure to Give Bond - Upon the demand of anyone interested in the remainder or...

§ 44-6-89. Removal of Personalty Beyond State by Life Tenant; Forfeiture; Restraint - The tenant for life in personalty shall not remove such...

§ 44-6-90. Jurisdiction of Judge of Superior Court as to Life Estates and Contingent Remainders - History. Code 1981, § 44-6-90 , enacted by Ga. L....

Article 6 - Estates for Years

§ 44-6-100. “Estate for Years” Defined; Estate for Years in Lands Passes as Realty - History. Orig. Code 1863, § 2255; Code 1868, § 2247;...

§ 44-6-101. Estate for Years Distinguished From Contract of Hiring and From Landlord and Tenant Relationship - As applied to personalty, an estate for years differs from...

§ 44-6-102. “Lease” Defined; Extent of Interest; When Mining Interest Passes - The grant by one person to another of an estate...

§ 44-6-103. Tenant’s Rights and Duties; Grounds of Forfeiture - An estate for years carries with it the right to...

§ 44-6-104. Right of Tenant for Years to Emblements - A tenant for years is not entitled to emblements unless,...

§ 44-6-105. Liability of Tenant for Years for Repairs and Expenses - A tenant for years is liable for all repairs or...

§ 44-6-106. Dependent and Independent Covenants or Conditions - In light of the entire instrument, the dependence or independence...

Article 7 - Tenancy in Common

Part 1 - In General

§ 44-6-120. “Tenancy in Common” Defined; Presumption of Equality of Shares; Effect of Inequality of Shares on Right of Possession - Unless otherwise specifically provided by statute and unless the document...

§ 44-6-121. Rights and Liabilities of Cotenants; Accounting - History. Orig. Code 1863, § 2283; Code 1868, § 2276;...

§ 44-6-122. Accounting Between Cotenants for Unequal Share of Rents or Profits; Priority of Claim Over Certain Liens - If one tenant in common receives more than his share...

§ 44-6-123. Adverse Possession Against Cotenant; Action to Recover Possession - There may be no adverse possession against a cotenant until...

Part 2 - Partition

Subpart 1 - Equitable Partition

§ 44-6-140. When Equitable Partition Authorized - Equity has jurisdiction in cases of partition whenever the remedy...

§ 44-6-141. Molding of Decree; Discretion of Court - In every case, the court will mold its decree to...

§ 44-6-142. Effect of Decree on Title - The decree on a proceeding for equitable partition shall pass...

Subpart 2 - Statutory Partition

§ 44-6-160. Grounds for Partition; Jurisdiction; Contents of Petition - When two or more persons are common owners of lands...

§ 44-6-161. Who May Apply for Partition - If the party desiring the writ of partition is of...

§ 44-6-162. Notice of Intention to Apply for Writ of Partition - The party applying for the writ of partition shall give...

§ 44-6-163. Issuance of Writ of Partition; Appointment of Partitioners - When the application for partition is made and when due...

§ 44-6-164. Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner’s Return - The partitioners shall have the power to select a surveyor...

§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial - At the term of the court when the application is...

§ 44-6-166. Return of Partitioners as Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect - If no objection to the return of the partitioners is...

§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable - History. Code 1981, § 44-6-166.1 , enacted by Ga. L....

§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice - In the event lands and tenements sought to be partitioned...

§ 44-6-168. Commissioners’ Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt - After the sale of any lands and tenements provided for...

§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners - Upon the sale of lands and tenements as provided for...

§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition - In any extraordinary case not covered by Code Sections 44-6-160...

§ 44-6-171. Setting Aside Judgment by Parties Under Disability, Absent, or Not Notified; Time Limitations; Conclusiveness of Judgment; Effect of Proceedings on Bona Fide Purchaser - When proceedings have been instituted and judgment of the partition...

§ 44-6-172. Partition of Realty by Life Tenants — Effect on Other Parties; Conditions - In all cases where an undivided interest in real estate...

§ 44-6-173. Partition of Realty by Life Tenants — Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer - History. Ga. L. 1961, p. 228, § 2.

§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect - The right of partition provided by Code Sections 44-6-172 and...

Subpart 3 - Uniform Partition of Heirs Property

§ 44-6-180. Definitions - As used in this subpart, the term: History. Code 1981,...

§ 44-6-181. Application; Determination of Heirs Property - History. Code 1981, § 44-6-181 , enacted by Ga. L....

§ 44-6-182. Posting Notice Sign on Property - If an order for service by publication of the summons...

§ 44-6-183. Qualifications of Partitioners - If the court appoints partitioners as described in Code Section...

§ 44-6-184. Appraisal of Heirs Property; Other Method to Determine Value; Notice of Value; Required Hearing - History. Code 1981, § 44-6-184 , enacted by Ga. L....

§ 44-6-185. Partition by Sale; Purchase by Party; Buyouts; Sale to Others; Notice and Hearing - History. Code 1981, § 44-6-185 , enacted by Ga. L....

§ 44-6-186. Partitions in Kind - History. Code 1981, § 44-6-186 , enacted by Ga. L....

§ 44-6-187. Open Market Sales; Brokers and Commissions; Sealed Bids or Public Sale - History. Code 1981, § 44-6-187 , enacted by Ga. L....

§ 44-6-188. Obligation of Brokers to Court; Reporting Requirements - History. Code 1981, § 44-6-188 , enacted by Ga. L....

§ 44-6-189. Uniformity Among States - In applying and construing this subpart, consideration shall be given...

§ 44-6-189.1. Construction With Federal Electronic Signatures in Global and National Commerce Act - This subpart modifies, limits, and supersedes the federal Electronic Signatures...

Article 8 - Joint Tenancy With Survivorship

§ 44-6-190. Creating Joint Tenancy With Survivorship; Severance; Effect of Code Section on Other Laws - History. Laws 1828, Cobb’s 1851 Digest, p. 545; Ga. L....

Article 9 - Uniform Statutory Rule Against Perpetuities

§ 44-6-200. Short Title - This article shall be known and may be cited as...

§ 44-6-201. Validity of Nonvested Property Interest or Power of Appointment - History. Code 1981, § 44-6-201 , enacted by Ga. L....

§ 44-6-202. Time of Creation of Nonvested Property Interest or Power of Appointment - the nonvested property interest or power of appointment is created...

§ 44-6-203. Reform of Disposition by Court to Approximate Transferor’s Plan of Distribution - Upon the petition of an interested person, a court shall...

§ 44-6-204. Exceptions to Applicability of Article - Code Section 44-6-201 shall not apply to: History. Code 1981,...

§ 44-6-205. Applicability of Article; Court Reform of Nonvested Dispositions Created Before Article Became Effective - History. Code 1981, § 44-6-205 , enacted by Ga. L....

§ 44-6-206. Application and Construction of Article - This article shall be applied and construed to effectuate its...

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Georgia Code Title 44 - Property Chapter 6 - Estates

Georgia Code
Title 44 - Property
Chapter 6 - Estates