Article 1. RECORDING  


Part 1. RECORDING OF DEEDS AND OTHER REAL PROPERTY TRANSACTIONS
§ 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 or 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; photostatic 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 or copy 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
Part 2. UNIFORM REAL PROPERTY ELECTRONIC RECORDING
§ 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

REFS & ANNOS

TITLE 44 Chapter 2 Article 1 NOTE

CROSS REFERENCES. --Real estate transfer taxes, see § 48-6-1 et seq.
 
LAW REVIEWS. --For article, "Noticing the Bankruptcy Sale: The Purchased Property May Not Be as 'Free and Clear of All Liens, Claims and Encumberances' as You Think," see 15 (No. 5) Ga. St. B.J. 12 (2010).
 
JUDICIAL DECISIONS
 
EFFECT OF GRANTOR'S CONVEYANCE TO ANOTHER BEFORE GRANTOR BECAME OWNER. --Title of a bona fide purchaser is not impaired by a conveyance from the purchaser's grantor to another, which was made and filed before the purchaser's grantor became the owner of the property, since to hold otherwise would be to require a purchaser to extend back indefinitely the purchaser's period of record search against the name of each prior owner. Insilco Corp. v. Carter, 245 Ga. 513, 265 S.E.2d 794 (1980).
 
CONSTRUCTIVE NOTICE OF SUBSEQUENT DEEDS. --Purchaser has constructive notice of any deeds out of the purchaser's grantor from the date of deed, rather than the date of the deed's recording. Insilco Corp. v. Carter, 245 Ga. 513, 265 S.E.2d 794 (1980).
 
CITED in Gray v. Georgia Real Estate Comm'n, 209 Ga. 301, 71 S.E.2d 645 (1952).
 
OPINIONS OF THE ATTORNEY GENERAL
 
INSTRUMENT WHICH CONVEYS ONLY SECURITY INTEREST IN PERSONAL PROPERTY is not entitled to recording as an instrument affecting title to land. 1975 Op. Att'y Gen. No. U75-87.
 
RESEARCH REFERENCES
 
ALR. --Record of executory contracts for the sale of real estate, 26 ALR 1546.
   Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 ALR 853; 56 ALR 1217.
   Allowance for improvements in reliance upon title or interest defeated by failure to record conveyance, 40 ALR 282.
   Use of diminutive or nickname as affecting operation of record as notice, 45 ALR 557.
   Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording acts, 52 ALR 183.
   Presumption or burden of proof as to whether or not instrument affecting title to property is recorded, 53 ALR 668.
   Grantee or mortgagee by quitclaim deed or mortgage in quitclaim form as within protection of recording laws, 59 ALR 632.
   Effect of alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation, 67 ALR 364.
   Assignment of future rents as within recording laws, 75 ALR 270.
   Right of one otherwise protected by recording law against prior unrecorded deed or mortgage as affected by fact that all or part of the consideration was unpaid at the time he received notice, actual or constructive, of the prior instrument, 109 ALR 163.
   Federal government or agencies of federal government as subject to payment of tax or fee imposed upon, or for, recording or filing instrument, 124 ALR 1267.
   Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 ALR 1325.
   Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 ALR2d 577.
   Agreement between real estate owners restricting use of property as within contemplation of recording laws, 4 ALR2d 1419.
   Personal covenant in recorded deed as enforceable against grantee's lessee or successor, 23 ALR2d 520.
   Recorded real property instrument as charging third party with constructive notice of provisions of extrinsic instrument referred to therein, 89 ALR3d 901.