Georgia § 23-3-40 - Purpose of quia timet.
Full text of Georgia Official Code of Georgia Annotated § 23-3-40 — Purpose of quia timet., with citation guidance and answers to common questions.
§ 23-3-40. Purpose of quia timet.
The proceeding quia timet is sustained in equity for the purpose of causing to be delivered and canceled any instrument which has answered the object of its creation or any forged or other iniquitous deed or other writing which, though not enforced at the time, either casts a cloud over the complainant's title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary to his perfect protection. (Orig. Code 1863, § 3153; Code 1868, § 3165; Code 1873, § 3232; Code 1882, § 3232; Civil Code 1895, § 4892; Civil Code 1910, § 5465; Code 1933, § 37-1407.) Law reviews. - For article discussing the problems associated with acquiring good title, see 15 Ga. B.J. 281 (1953). For article, "Tracing Georgia's English Common Law Equity Jurisprudential Roots: Quia Timet," see 14 The Journal of Southern Legal History 135 (2006). For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016). For annual survey on real property, see 71 Mercer L. Rev. 241 (2019).
Frequently Asked Questions About Georgia § 23-3-40
What does Official Code of Georgia Annotated § 23-3-40 cover?
Section 23-3-40 ("Purpose of quia timet.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 23-3-40?
A common citation format is "Official Code of Georgia Annotated § 23-3-40" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 23-3-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.