Georgia Code — 44
Browse 1,129 sections in division 44 of the Georgia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 44-1-1. "Property" defined.
- § 44-1-2. "Realty" or "real estate" defined; extent of owner's interest in airspace.
- § 44-1-3. "Personalty" defined; status of certain stocks.
- § 44-1-4. "Estate" defined.
- § 44-1-5. "Title" defined.
- § 44-1-6. What things considered fixtures; movable machinery as personalty; effect of detachment from realty.
- § 44-1-7. Possession of personalty.
- § 44-1-8. Property rights in animals; factors establishing property in wild animals.
- § 44-1-9. Ownership of deposit and offspring by wild animals on land.
- § 44-1-10. Ownership of offspring of domestic or owned animals.
- § 44-1-11. Application and construction of provisions relating to estates.
- § 44-1-12. What constitutes perfect title.
- § 44-1-13. Removal of improperly parked cars or trespassing personal property; concurrent jurisdiction; procedure; automatic surveillance prohibited; penalty.
- § 44-1-14. Abatement of hazard from abandoned well or hole; recovery costs; use of county funds.
- § 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties.
- § 44-1-16. Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
- § 44-1-17. Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance.
- § 44-1-18. Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority.
- § 44-2-1. Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.
- § 44-2-2. 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.
- § 44-2-3. Voluntary deeds or conveyances of land; effect of recording.
- § 44-2-4. Protection of good faith purchases and liens without notice against unrecorded liens or conveyances.
- § 44-2-5. Recording execution and deed after sheriff's sale.
- § 44-2-6. Recording bond for title, contracts, transfers, and assignments; priority as to subsequent deeds taken without notice from same vendor.
- § 44-2-7. Recording of surrender or satisfaction of bond for title.
- § 44-2-8. Recording of options to purchase land and assignments of such options; effect as notice.
- § 44-2-9. Recording leases, usufructs, and assignments thereof; effect as notice.
- § 44-2-10. Recording deeds and bills of sale to personalty; effect as notice.
- § 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.
- § 44-2-12. Rerecording lost or destroyed deeds and other instruments; validity.
- § 44-2-13. Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record.
- § 44-2-14. Requirements for recordation.
- § 44-2-15. Officers authorized to attest registrable instruments.
- § 44-2-16. Effect of acknowledgment subsequent to execution.
- § 44-2-17. Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument.
- § 44-2-18. Recording deed upon affidavit of subscribing witness; effect of substantial compliance.
- § 44-2-19. Recording deed on affidavit of third person.
- § 44-2-20. Recorded affidavits relating to land as notice of facts cited therein; filing and recording.
- § 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.
- § 44-2-22. Legal effect of good record title for 40 years.
- § 44-2-23. When deed serves as evidence; effect of affidavit alleging forgery.
- § 44-2-24. Withdrawal of affidavit of forgery upon loss of deed by affiant.
- § 44-2-25. Recording techniques; copies of plats.
- § 44-2-26. Recording of plat or copy of plat - When and where authorized; duty of clerk.
- § 44-2-27. Recording of plat - When deemed recorded.
- § 44-2-28. Recording of plat or copy of plat - Incorporation by reference.
- § 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.
- § 44-2-30. Filing and recording of notice of settlement.
- § 44-2-35. Short title.
- § 44-2-36. Definitions.
- § 44-2-37. Electronic documents treated as original; electronic signatures acceptable.
- § 44-2-38. Role of clerk of court.
- § 44-2-39. Adoption of rules and regulations; standardization.
- § 44-2-39. 1. Promotion of uniformity.
- § 44-2-39. 2. Construction with federal law.
- § 44-2-40. Short title.
- § 44-2-41. Definitions.
- § 44-2-42. Performance of clerk's and sheriff's duties by deputies; liability.
- § 44-2-43. Fraud, forgery, and theft in connection with registration of title to land; penalty.
- § 44-2-44. Fraudulent acts by office of clerk personnel; penalties.
- § 44-2-45. Fraud or false entries by sheriffs and deputies; penalties.
- § 44-2-46. Fraudulent acts and malpractice of examiners; penalty.
- § 44-2-47. Reduction of felonies under this article to misdemeanors.
- § 44-2-60. Jurisdiction of superior court over matters in this article.
- § 44-2-61. Proceedings to be in rem; operation of decree.
- § 44-2-62. Procedure as to actions for registration; persons under disability.
- § 44-2-63. Persons claiming less than fee; establishing title without registration.
- § 44-2-64. Petition - Verification; contents; description of land; surveys; amendments.
- § 44-2-65. Petition - Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract.
- § 44-2-66. Petition - Persons included as defendants.
- § 44-2-67. Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem.
- § 44-2-68. Appointment of resident agent for service on nonresident petitioner.
- § 44-2-69. Service upon state, county, or municipality.
- § 44-2-70. Waiver or acknowledgment of service.
- § 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.
- § 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.
- § 44-2-73. Effect of notice; appearances or pleadings as waiver of service, notice, and defects.
- § 44-2-74. Service on other persons found by examiner to be entitled to notice.
- § 44-2-75. Additional notice; judge's discretion.
- § 44-2-76. Who may file objections or cross-action to petition.
- § 44-2-77. Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue.
- § 44-2-78. Dismissal without prejudice.
- § 44-2-79. Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts.
- § 44-2-80. Treatment of land pending registration; appearance of person acquiring interest in land pending registration.
- § 44-2-81. No default judgment or decree.
- § 44-2-82. Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel.
- § 44-2-83. Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund.
- § 44-2-84. Review by Court of Appeals.
- § 44-2-100. Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit.
- § 44-2-101. Referral of case to examiner; preliminary report; contents; time of filing.
- § 44-2-102. Hearing; final report; delay of hearing to add new parties; notice.
- § 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.
- § 44-2-104. Authority to inspect pertinent records.
- § 44-2-105. Appointment of stenographer; compensation.
- § 44-2-120. Furnishing and maintaining register books; issuance of owner's certificate of title.
- § 44-2-121. Signing and dating register entries and owners' certificates.
- § 44-2-122. Clerk's duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction.
- § 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.
- § 44-2-124. Performance of duties upon disqualification, death, or disability of clerk.
- § 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.
- § 44-2-126. Notation of lien or encumbrance on certificate of title - In general.
- § 44-2-127. Notation of lien or encumbrance on certificate of title - Registered encumbrances, rights, and adverse claims.
- § 44-2-128. Registration of transactions affecting unregistered land as notice.
- § 44-2-129. Registration of involuntary transactions on court's order; form.
- § 44-2-130. Cancellation of decedent's certificate and issuance of new certificate to personal representative.
- § 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.
- § 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.
- § 44-2-133. Procedure for obtaining duplicate of lost owner's certificate.
- § 44-2-134. Filing caveat objecting to entry in title register; show cause hearing upon caveat.
- § 44-2-135. Obtaining notations in title register.
- § 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.
- § 44-2-137. What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside.
- § 44-2-138. What limitations govern actions by injured party for fraud or negligence.
- § 44-2-139. Registration and title certificate to run with land.
- § 44-2-140. Availability of prescription or adverse possession against registered land.
- § 44-2-141. Rights, burdens, and incidents as to both registered and unregistered land; validity of transfers of title by last registered owner.
- § 44-2-142. Notation of change of name on register and certificate.
- § 44-2-143. Notation of liens and lis pendens on register; effect absent notation.
- § 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.
- § 44-2-160. Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land.
- § 44-2-161. Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates.
- § 44-2-162. Subdivision of registered land; procedure.
- § 44-2-163. Conveyance to secure debt; form; notation and registration; creditor's certificate.
- § 44-2-164. Assignment or negotiation of creditor's certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation.
- § 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.
- § 44-2-166. Transfer to secure debt; notation of bond for title or to reconvey.
- § 44-2-167. Validity and priority of unrecorded transfers of owner's certificate to registered lands.
- § 44-2-168. Descent of registered land as personalty.
- § 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer.
- § 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.
- § 44-2-171. Procedure for ascertaining, and transfer to, heirs or beneficiaries.
- § 44-2-172. Transfer by clerk pursuant to judgment; production of copy of decree and order.
- § 44-2-173. Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer.
- § 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.
- § 44-2-175. Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted.
- § 44-2-176. Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer.
- § 44-2-190. Payment into assurance fund upon original registration; determination of amount.
- § 44-2-191. Separate account for assurance fund.
- § 44-2-192. Investment of fund; application of income; transfer of excess.
- § 44-2-193. Action against fund - Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons.
- § 44-2-194. Action against fund - Parties defendant.
- § 44-2-195. Action against fund - Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund.
- § 44-2-196. Action against fund - How judgments satisfied when fund insufficient; interest.
- § 44-2-197. Liability of fund for registered owner's breach of trust.
- § 44-2-210. Fees under article; deposit and payment of fees; award of costs.
- § 44-2-220. Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms.
- § 44-2-221. Petition to register land.
- § 44-2-222. Process.
- § 44-2-223. Advertisement.
- § 44-2-224. Acknowledgment of service.
- § 44-2-225. Sheriff's return.
- § 44-2-226. Certificate of mailing; entry of such certificate on petition.
- § 44-2-227. Examiner's appointment.
- § 44-2-228. Oath of examiner.
- § 44-2-229. Referral to examiner.
- § 44-2-230. Preliminary report of examiner; schedules.
- § 44-2-231. Final report of examiner.
- § 44-2-232. Decrees of title.
- § 44-2-233. Book of decrees; index.
- § 44-2-234. Title register book; registered title number; index of title register.
- § 44-2-235. Duty of clerk to enter on new certificate all entries and notations of record.
- § 44-2-236. Certified copies of certificates of title or entries thereon.
- § 44-2-237. Recordation and notation of plat.
- § 44-2-238. Recordation of lengthy description - Reference on title register; effect.
- § 44-2-239. Recordation of lengthy description - Notation on owner's or creditor's certificate; attaching certified copy; fee.
- § 44-2-240. Owner's certificate of title.
- § 44-2-241. Transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale.
- § 44-2-242. Creditor's certificate; endorsement of certificate.
- § 44-2-243. Transfer of portion or undivided interest to secure debt.
- § 44-2-244. Judge's order of transfer.
- § 44-2-245. Registration and recordation of mortgages.
- § 44-2-246. Notation of delinquent taxes or assessments.
- § 44-2-247. Notation of judgment.
- § 44-2-248. Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions.
- § 44-2-249. Cancellation of creditor's certificate.
- § 44-2-250. Request to cancel entries.
- § 44-2-251. Registration and notation of other voluntary transactions.
- § 44-2-252. Updating entries and notations on owner's certificate; clerk's endorsement.
- § 44-2-253. Filing cases; method of filing papers relating to registered lands.
- § 44-3-1. Short title.
- § 44-3-2. Definitions.
- § 44-3-3. Registration statement; accompanying documents; material changes; property report; lots or parcels subject to blanket encumbrances; records subject to inspection by purchaser; copy of property report to be given to prospective purchasers; sales contract; amendments to report.
- § 44-3-4. Exemptions from Code Section 44-3-3.
- § 44-3-4. 1. Fees and expenses of commission.
- § 44-3-5. Violations of article.
- § 44-3-6. Order prohibiting act, practice, or transaction in violation of article; injunctive relief.
- § 44-3-7. Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on Attorney General.
- § 44-3-8. Rights of buyer upon violation; persons liable for violations; limitation on actions; survival of actions; effect on statutory or common-law rights; exemption of advertisers from liability.
- § 44-3-8. 1. Denial of application, reprimand, suspension, civil penalty, or revocation of registration.
- § 44-3-9. Venue.
- § 44-3-10. Business records required.
- § 44-3-11. Certain waivers in contract void.
- § 44-3-12. Burden of proof of exemption.
- § 44-3-13. Application of prior law to actions, registrations, and orders prior to July 1, 1990.
- § 44-3-13. 1 through 44-3-13.3
- § 44-3-14. Business records required.
- § 44-3-15. Consent to service.
- § 44-3-16. Certain waivers in contract void.
- § 44-3-17. Immunity of commissioner and commission from liability and actions.
- § 44-3-18. Burden of proof of exemption; effect of certificate of commission stating compliance or noncompliance with article; admissibility of copies of documents.
- § 44-3-19. Application of prior law to actions, registrations, and orders prior to July 1, 1990; application of Code Section 44-3-13 to review of orders not instituted by July 1, 1990.
- § 44-3-70. Short title.
- § 44-3-71. Definitions.
- § 44-3-72. Creation of condominium.
- § 44-3-73. Sufficiency of descriptions of condominium units; description of undivided interest in common elements.
- § 44-3-74. Recording condominium instruments, plats, plans, and encumbrances.
- § 44-3-75. Construction and validity of condominium instruments; conflicts and inconsistencies; severability.
- § 44-3-77. Contents of declaration.
- § 44-3-78. Allocation - Interests in common elements.
- § 44-3-79. Allocation - Votes in association; how votes cast; majority vote requirements.
- § 44-3-80. Allocation of and liability for common expenses; how assessments made.
- § 44-3-81. Reallocation of interests in common elements, votes, and liability for common expenses.
- § 44-3-82. Assignments and reassignments of limited common elements.
- § 44-3-83. Recording of plats and plans; contents; completion of structural improvements; certification by registered architect or engineer.
- § 44-3-84. Use of previously recorded plans in lieu of new plans.
- § 44-3-85. Liability for failure to follow plats or plans; easements; liability for damage.
- § 44-3-86. Leasehold condominiums; lessor's rights and powers; owner's rights and powers; liens; performance of covenants.
- § 44-3-87. Conversion condominiums; notice; offer to convey; time periods; rights of tenant.
- § 44-3-88. Conversion of convertible spaces; amendment to declaration effecting conversion; reallocation of sums assessed prior to conversion; treatment of convertible space not converted.
- § 44-3-89. Expansion of condominium; amendment to declaration; expansion of condominium after declarant's right to expand has expired.
- § 44-3-90. Alterations within units; combining two or more units.
- § 44-3-91. Relocation of boundaries between units; application for relocation; amendment to declaration; plans and plats; recording.
- § 44-3-92. Subdivision of units; application for subdivision; amendment to declaration; plans and plats; recordation.
- § 44-3-93. Amendment of condominium instruments.
- § 44-3-94. Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible.
- § 44-3-95. Effect of mortgages and liens; foreclosure; release.
- § 44-3-96. Separate titles and taxation.
- § 44-3-97. Eminent domain; compensation; reallocation of interests; court determination; amendment to declaration.
- § 44-3-98. Termination of condominium; creation of tenancy in common; distribution of assets; transfer of mortgages and liens.
- § 44-3-99. Withdrawal of submitted property; reallocation to remaining units of undivided interest in common elements; contents of amendment; transfer of mortgages and liens.
- § 44-3-100. Incorporation of association; name; articles and bylaws; membership; organization.
- § 44-3-101. Control of association by declarant; surrender of control to unit owners; liability for books and records; cancellation of leases and contracts.
- § 44-3-102. Meetings of the association; notice; reports.
- § 44-3-103. Quorums at meetings of association or board.
- § 44-3-104. Directors and officers; eligibility.
- § 44-3-105. Powers and duties as to upkeep of the condominium; access; liability for damage.
- § 44-3-106. Powers and responsibilities of association; tort actions.
- § 44-3-107. Insurance coverage.
- § 44-3-108. Common profits; application to expenses; surplus.
- § 44-3-109. Lien for assessments; personal obligation of unit owner; notice and foreclosure; lapse; right to statement of assessments; effect of failure to furnish statement.
- § 44-3-110. Restraints on alienation and rights of first refusal; statement of waiver or failure to exercise rights or restraints; effect of failure to furnish statement.
- § 44-3-111. Sales of residential condominium units for residential occupancy; information required to be furnished by seller; buyer's right to void contract; limitations period; attorney's fees; penalty for willful violation.
- § 44-3-112. Escrow of deposits or other payments made prior to closing.
- § 44-3-113. Applicability of this article; effect on existing condominiums.
- § 44-3-114. Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium.
- § 44-3-115. Construction of this article; substantial compliance; procedure for curing defects in recorded instruments.
- § 44-3-116. Limitations in certain restrictive covenants inapplicable.
- § 44-3-117. Application to subcondominiums; creation of subcondominium; subassociation; insurance; effect of certain liens; eminent domain; description of certain units; assessments.
- § 44-3-160. Short title.
- § 44-3-161. Purpose of article.
- § 44-3-162. Definitions.
- § 44-3-162. 1. Time-share projects and programs; application of restrictive covenants; exceptions.
- § 44-3-163. Time-share estate title; recording transfer or encumbrance; taxation.
- § 44-3-164. Application of zoning and other local codes, ordinances, and regulations.
- § 44-3-165. Creation of time-share program; partition.
- § 44-3-166. Contents and recording of project and time-share instruments.
- § 44-3-167. Time-share estate program management and operation.
- § 44-3-168. Developer control period in time-share estate program.
- § 44-3-169. Identification of time-share project, time-share units, and time periods.
- § 44-3-170. Time-share use program management and operation.
- § 44-3-171. Sale of time-share intervals and programs organized prior to July 1, 1983.
- § 44-3-172. Contents of public offering statement.
- § 44-3-173. Annual reports filed by exchange companies and multilocation developers.
- § 44-3-174. Public offering statement provided to purchasers; cancellation of sales agreement by purchaser or developer; statement acknowledging receipt.
- § 44-3-175. Funds required to be escrowed by developer; exceptions; escrow agents.
- § 44-3-176. Payments received by developer on uncompleted projects to be escrowed.
- § 44-3-177. Exemption from other state laws requiring registration and public offering statements.
- § 44-3-178. Exceptions to public offering statement requirement under this article.
- § 44-3-179. Updating public offering statement required.
- § 44-3-180. Purchase of interval is free of liens affecting that interval; exceptions.
- § 44-3-181. Transfer of developer's entire interest.
- § 44-3-182. Financial and other records of time-share project association or managing agent.
- § 44-3-183. Remedy for violation of article; punitive damages; attorney's fees.
- § 44-3-184. Limitation of actions.
- § 44-3-185. False advertising prohibited.
- § 44-3-186. Statements or representations which are prohibited.
- § 44-3-187. Offer of gifts or prizes.
- § 44-3-188. Developer's financial records; availability; periodic reports; transfer of developer's interest subject to debts.
- § 44-3-189. Protection of purchasers from developer's underlying blanket encumbrance.
- § 44-3-190. Real estate broker's license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals.
- § 44-3-191. Requirements for out-of-state projects, managing agents, and exchange programs.
- § 44-3-192. Exceptions from registration.
- § 44-3-193. Modification of public offering statement; limitations on use of public offering statement.
- § 44-3-194. Records required to be kept by developer or agents.
- § 44-3-195. Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees.
- § 44-3-196. Application of article to time-share programs created prior to or following July 1, 1983.
- § 44-3-197. Exceptions from registration.
- § 44-3-198. Powers and duties of the commission.
- § 44-3-199. Modification of public offering statement; limitations on use of public offering statement.
- § 44-3-200. Records required to be kept by developer or agents.
- § 44-3-201. Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of registration; cease and desist order for failure to register.
- § 44-3-202. Criminal penalty for violation of article.
- § 44-3-205. Application of article to time-share programs created prior to or following July 1, 1983.
- § 44-3-220. Short title.
- § 44-3-221. Definitions.
- § 44-3-222. Creation of property owners' development; affirmative election to be governed by article.
- § 44-3-223. Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance.
- § 44-3-224. Voting at association meetings.
- § 44-3-225. Assessment of expenses; exemption from liability; liability for unpaid assessments.
- § 44-3-226. Amendment of instrument; presumption of validity in court action.