Georgia § 44-2-1 - Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.

§ 44-2-1. Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.

Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed. (Laws 1755, Cobb's 1851 Digest, p. 159; Laws 1768, Cobb's 1851 Digest, p. 162; Laws 1785, Cobb's 1851 Digest, p. 164; Laws 1788, Cobb's 1851 Digest, p. 160; Laws 1837, Cobb's 1851 Digest, p. 175; Code 1863, § 2667; Code 1868, § 2663; Code 1873, § 2705; Code 1882, § 2705; Civil Code 1895, § 3618; Civil Code 1910, § 4198; Code 1933, § 29-401.) Cross references. - Recording of certificate of order for year's support, § 53-5-11. Law reviews. - For annual survey on law of real property, see 43 Mercer L. Rev. 353 (1991). For article, "Eleventh Circuit Survey: January 1, 2013 - December 31, 2013: Casenote: The Decline and Fall of Constructive Notice," see 65 Mercer L. Rev. 1203 (2014). For note, "The Effect of Failure to Record Conditional Sale Contracts in Georgia," see 11 Mercer L. Rev. 358 (1960). For note discussing the Motor Vehicle Certificate of Title Act provisions in Ch. 3, T. 40, and their impact, see 13 Mercer L. Rev. 258 (1961). For comment on Manchester Motors, Inc. v. Farmers & Merchants Bank, 91 Ga. App. 811 , 87 S.E.2d 342 (1955), see 18 Ga. B.J. 82 (1955).