Georgia § 44-5-42 - Delivery of deed to third party as escrow; possession as proof of delivery.
Full text of Georgia Official Code of Georgia Annotated § 44-5-42 — Delivery of deed to third party as escrow; possession as proof of delivery., with citation guidance and answers to common questions.
§ 44-5-42. Delivery of deed to third party as escrow; possession as proof of delivery.
A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive proof of a delivery, but that presumption may be rebutted. (Orig. Code 1863, § 2652; Code 1868, § 2651; Code 1873, § 2693; Code 1882, § 2693; Civil Code 1895, § 3603; Civil Code 1910, § 4183; Code 1933, § 29-105.) Law reviews. - For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For note discussing problems with profits generated by escrow account, and proposing federal legislative reform, see 10 Ga. St. B.J. 618 (1974).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-5-42
What does Official Code of Georgia Annotated § 44-5-42 cover?
Section 44-5-42 ("Delivery of deed to third party as escrow; possession as proof of delivery.") 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 § 44-5-42?
A common citation format is "Official Code of Georgia Annotated § 44-5-42" (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 § 44-5-42 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.