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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 44. PROPERTY |
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Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS |
| Article 1. RECORDING |
| Article 2. LAND REGISTRATION |
REFS & ANNOS
TITLE 44 Chapter 2 NOTE
CROSS REFERENCES. --Recording of maps or plats of real estate by clerk of superior court generally, § 15-6-67 et seq. Title insurance, § 33-7-8. Filing conveyances of property to or by state with State Properties Commission, § 50-16-122.
LAW REVIEWS. --For article discussing the problems with acquiring good title, see 15 Ga. B.J. 281 (1953). For article advocating the adoption of a marketable title statute in Georgia, see 16 Ga. B.J. 263 (1954). For article on title examinations and closings, see 22 Mercer L. Rev. 505 (1971). For article discussing 1976 to 1977 developments in Georgia real property law, see 29 Mercer L. Rev. 219 (1977).
JUDICIAL DECISIONS
CONSTRUED WITH CHAPTER 11 OF THIS TITLE. --Relief in ejectment is not coextensive with that under Title 22 of the Land Registration Act in that ejectment title can never be settled as against the world. Conversely, relief may be had in ejectment which cannot be had under the Act, including possession of the premises and judgment for mesne profits. Union Bag-Camp Paper Corp. v. Coffee County Hunting & Fishing Club, 216 Ga. 44, 114 S.E.2d 511 (1960).
EFFECT OF REGISTRATION LAW ON ADVERSE POSSESSION. --Protection which the registration law gives to one taking title to lands upon the faith of the record title should not be destroyed except upon clear and satisfactory evidence showing a clear equity in one who seeks to establish a right in hostility to the record title by adverse possession. Such possession must be actual, open, visible, exclusive, and unambiguous. McDonald v. Taylor, 200 Ga. 445, 37 S.E.2d 336 (1946).
SUFFICIENCY OF EVIDENCE PROVING TITLE. --Title to land cannot be proved by hearsay testimony. Neither can title to land be established by general reputation in the community as to ownership. City of Marietta v. Glover, 225 Ga. 265, 167 S.E.2d 649 (1969).
CITED in Craig v. Arnold, 227 Ga. 333, 180 S.E.2d 733 (1971).
RESEARCH REFERENCES
Am. Jur. Trials. --Prospective Purchaser's Recovery of Damages for Tortuous Interference with Real Estate Contract, 97 Am. Jur. Trials 107.
Real Estate Broker's Breach of Fiduciary Duty to Disclose Material Facts to Seller-Principal, 101 Am. Jur. Trials 1.
ALR. --Concealment, misrepresentation, or mistake as regards identity of person for whom property is purchased as ground for cancellation of deed, 6 ALR2d 812.
Clay, sand, or gravel as "minerals" within deed, lease, or license, 95 ALR2d 843.
LAW REVIEWS. --For article discussing the problems with acquiring good title, see 15 Ga. B.J. 281 (1953). For article advocating the adoption of a marketable title statute in Georgia, see 16 Ga. B.J. 263 (1954). For article on title examinations and closings, see 22 Mercer L. Rev. 505 (1971). For article discussing 1976 to 1977 developments in Georgia real property law, see 29 Mercer L. Rev. 219 (1977).
JUDICIAL DECISIONS
CONSTRUED WITH CHAPTER 11 OF THIS TITLE. --Relief in ejectment is not coextensive with that under Title 22 of the Land Registration Act in that ejectment title can never be settled as against the world. Conversely, relief may be had in ejectment which cannot be had under the Act, including possession of the premises and judgment for mesne profits. Union Bag-Camp Paper Corp. v. Coffee County Hunting & Fishing Club, 216 Ga. 44, 114 S.E.2d 511 (1960).
EFFECT OF REGISTRATION LAW ON ADVERSE POSSESSION. --Protection which the registration law gives to one taking title to lands upon the faith of the record title should not be destroyed except upon clear and satisfactory evidence showing a clear equity in one who seeks to establish a right in hostility to the record title by adverse possession. Such possession must be actual, open, visible, exclusive, and unambiguous. McDonald v. Taylor, 200 Ga. 445, 37 S.E.2d 336 (1946).
SUFFICIENCY OF EVIDENCE PROVING TITLE. --Title to land cannot be proved by hearsay testimony. Neither can title to land be established by general reputation in the community as to ownership. City of Marietta v. Glover, 225 Ga. 265, 167 S.E.2d 649 (1969).
CITED in Craig v. Arnold, 227 Ga. 333, 180 S.E.2d 733 (1971).
RESEARCH REFERENCES
Am. Jur. Trials. --Prospective Purchaser's Recovery of Damages for Tortuous Interference with Real Estate Contract, 97 Am. Jur. Trials 107.
Real Estate Broker's Breach of Fiduciary Duty to Disclose Material Facts to Seller-Principal, 101 Am. Jur. Trials 1.
ALR. --Concealment, misrepresentation, or mistake as regards identity of person for whom property is purchased as ground for cancellation of deed, 6 ALR2d 812.
Clay, sand, or gravel as "minerals" within deed, lease, or license, 95 ALR2d 843.