Georgia § 14-8-10 - Conveyance of real property by partners.

§ 14-8-10. Conveyance of real property by partners.

Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property if the partnership proves that the partner's act did not bind the partnership under the provisions of Code Section 14-8-9, unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partnership proves that the partners' act did not bind the partnership under the provisions of Code Section 14-8-9, unless the purchaser or his assignee is a holder for value without knowledge. Where title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership unless the partnership proves that the act was not one within the authority of the partner under the provisions of Code Section 14-8-9. Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property. (Code 1981, § 14-8-10 , enacted by Ga. L. 1984, p. 1439, § 1.) Law reviews. - For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).