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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 |
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Article 2. LAND REGISTRATION |
| Part 1. IN GENERAL |
| § 44-2-40. Short title |
| § 44-2-41. Definitions |
| § 44-2-42. Performance of clerk's and sheriff's duties by deputies; liability |
| § 44-2-43. Fraud, forgery, and theft in connection with registration of title to land; penalty |
| § 44-2-44. Fraudulent acts by office of clerk personnel; penalties |
| § 44-2-45. Fraud or false entries by sheriffs and deputies; penalties |
| § 44-2-46. Fraudulent acts and malpractice of examiners; penalty |
| § 44-2-47. Reduction of felonies under this article to misdemeanors |
| Part 2. PROCEEDINGS TO REGISTER |
| § 44-2-60. Jurisdiction of superior court over matters in this article |
| § 44-2-61. Proceedings to be in rem; operation of decree |
| § 44-2-62. Procedure as to actions for registration; persons under disability |
| § 44-2-63. Persons claiming less than fee; establishing title without registration |
| § 44-2-64. Petition -- Verification; contents; description of land; surveys; amendments |
| § 44-2-65. Petition -- Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract |
| § 44-2-66. Petition -- Persons included as defendants |
| § 44-2-67. Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem |
| § 44-2-68. Appointment of resident agent for service on nonresident petitioner |
| § 44-2-69. Service upon state, county, or municipality |
| § 44-2-70. Waiver or acknowledgment of service |
| § 44-2-71. Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice |
| § 44-2-72. Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction |
| § 44-2-73. Effect of notice; appearances or pleadings as waiver of service, notice, and defects |
| § 44-2-74. Service on other persons found by examiner to be entitled to notice |
| § 44-2-75. Additional notice; judge's discretion |
| § 44-2-76. Who may file objections or cross-action to petition |
| § 44-2-77. Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue |
| § 44-2-78. Dismissal without prejudice |
| § 44-2-79. Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts |
| § 44-2-80. Treatment of land pending registration; appearance of person acquiring interest in land pending registration |
| § 44-2-81. No default judgment or decree |
| § 44-2-82. Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel |
| § 44-2-83. Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund |
| § 44-2-84. Review by Supreme Court |
| Part 3. EXAMINERS |
| § 44-2-100. Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit |
| § 44-2-101. Referral of case to examiner; preliminary report; contents; time of filing |
| § 44-2-102. Hearing; final report; delay of hearing to add new parties; notice |
| § 44-2-103. Examiner's powers; contents, filing, and notice of examiner's report; right to jury trial, new trial, and appeal; recommitment to examiner after trial or reversal on appeal |
| § 44-2-104. Authority to inspect pertinent records |
| § 44-2-105. Appointment of stenographer; compensation |
| Part 4. REGISTERS AND REGISTRATION |
| § 44-2-120. Furnishing and maintaining register books; issuance of owner's certificate of title |
| § 44-2-121. Signing and dating register entries and owners' certificates |
| § 44-2-122. Clerk's duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction |
| § 44-2-123. Clerk's duty to ensure proper execution of voluntary transfer; liability for damage or loss arising from registration of improperly executed transfer |
| § 44-2-124. Performance of duties upon disqualification, death, or disability of clerk |
| § 44-2-126. Notation of lien or encumbrance on certificate of title -- In general |
| § 44-2-127. Notation of lien or encumbrance on certificate of title -- Registered encumbrances, rights, and adverse claims |
| § 44-2-128. Registration of transactions affecting unregistered land as notice |
| § 44-2-129. Registration of involuntary transactions on court's order; form |
| § 44-2-130. Cancellation of decedent's certificate and issuance of new certificate to personal representative |
| § 44-2-131. Declaration of title by descent upon petition; service of petition and publication of notice; transfer of registered title and issuance of new certificates; rights of surviving spouse |
| § 44-2-132. Compelling production of owner's certificate for registration of involuntary transfer; cancellation of certificate upon failure to produce it; notice of cancellation |
| § 44-2-133. Procedure for obtaining duplicate of lost owner's certificate |
| § 44-2-134. Filing caveat objecting to entry in title register; show cause hearing upon caveat |
| § 44-2-135. Obtaining notations in title register |
| § 44-2-136. Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation |
| § 44-2-137. What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside |
| § 44-2-138. What limitations govern actions by injured party for fraud or negligence |
| § 44-2-139. Registration and title certificate to run with land |
| § 44-2-140. Availability of prescription or adverse possession against registered land |
| § 44-2-141. Rights, burdens, and incidents as to both registered and unregistered land; validity of transfers of title by last registered owner |
| § 44-2-142. Notation of change of name on register and certificate |
| § 44-2-143. Notation of liens and lis pendens on register; effect absent notation |
| Part 5. CONVEYANCE, TRANSFER, AND DESCENT |
| § 44-2-160. Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land |
| § 44-2-161. Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates |
| § 44-2-162. Subdivision of registered land; procedure |
| § 44-2-163. Conveyance to secure debt; form; notation and registration; creditor's certificate |
| § 44-2-164. Assignment or negotiation of creditor's certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation |
| § 44-2-165. Sale by holder of creditor's certificate; application for transfer to purchaser; opportunity to object to transfer; order of application of sale proceeds |
| § 44-2-166. Transfer to secure debt; notation of bond for title or to reconvey |
| § 44-2-167. Validity and priority of unrecorded transfers of owner's certificate to registered lands |
| § 44-2-168. Descent of registered land as personalty |
| § 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer |
| § 44-2-171. Procedure for ascertaining, and transfer to, heirs or beneficiaries |
| § 44-2-172. Transfer by clerk pursuant to judgment; production of copy of decree and order |
| § 44-2-173. Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer |
| § 44-2-174. Attack on transfers made to hinder, delay, or defraud creditors; decree voiding such transfer; entry of cancellations and transfers on register and certificate |
| § 44-2-175. Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted |
| § 44-2-176. Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer |
| Part 6. ASSURANCE FUND |
| § 44-2-190. Payment into assurance fund upon original registration; determination of amount |
| § 44-2-191. Separate account for assurance fund |
| § 44-2-192. Investment of fund; application of income; transfer of excess |
| § 44-2-193. Action against fund -- Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons |
| § 44-2-194. Action against fund -- Parties defendant |
| § 44-2-195. Action against fund -- Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund |
| § 44-2-196. Action against fund -- How judgments satisfied when fund insufficient; interest |
| § 44-2-197. Liability of fund for registered owner's breach of trust |
| Part 7. FEES |
| § 44-2-210. Fees under article; deposit and payment of fees; award of costs |
| Part 8. FORMS |
| § 44-2-220. Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms |
| § 44-2-221. Petition to register land |
| § 44-2-222. Process |
| § 44-2-223. Advertisement |
| § 44-2-224. Acknowledgment of service |
| § 44-2-225. Sheriff's return |
| § 44-2-226. Certificate of mailing; entry of such certificate on petition |
| § 44-2-227. Examiner's appointment |
| § 44-2-228. Oath of examiner |
| § 44-2-229. Referral to examiner |
| § 44-2-230. Preliminary report of examiner; schedules |
| § 44-2-231. Final report of examiner |
| § 44-2-232. Decrees of title |
| § 44-2-233. Book of decrees; index |
| § 44-2-234. Title register book; registered title number; index of title register |
| § 44-2-235. Duty of clerk to enter on new certificate all entries and notations of record |
| § 44-2-236. Certified copies of certificates of title or entries thereon |
| § 44-2-237. Recordation and notation of plat; attaching certified copy to certificate; fee |
| § 44-2-238. Recordation of lengthy description -- Reference on title register; effect |
| § 44-2-239. Recordation of lengthy description -- Notation on owner's or creditor's certificate; attaching certified copy; fee |
| § 44-2-240. Owner's certificate of title |
| § 44-2-241. Transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale |
| § 44-2-242. Creditor's certificate; endorsement of certificate |
| § 44-2-243. Transfer of portion or undivided interest to secure debt |
| § 44-2-244. Judge's order of transfer |
| § 44-2-245. Registration and recordation of mortgages |
| § 44-2-246. Notation of delinquent taxes or assessments |
| § 44-2-247. Notation of judgment |
| § 44-2-248. Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions |
| § 44-2-249. Cancellation of creditor's certificate |
| § 44-2-250. Request to cancel entries |
| § 44-2-251. Registration and notation of other voluntary transactions |
| § 44-2-252. Updating entries and notations on owner's certificate; clerk's endorsement |
| § 44-2-253. Filing cases; method of filing papers relating to registered lands |
REFS & ANNOS
TITLE 44 Chapter 2 Article 2 NOTE
LAW REVIEWS. --For note advocating land registration similar to the Torrens system and criticizing the 1952 amendments to The Land Registration Act as well as view that the Act is solely a means to clear title, see 6 Mercer L. Rev. 320 (1955).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Requirements for land registration is not violative of the constitutional provision which declares that no law or ordinance shall pass which refers to more than one subject matter. Nor would the fact that the penal provision is unconstitutional render the entire Act void. Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921).
RULES OF LAW APPLICABLE. --In proving such title as will entitle an applicant to registration and a decree in the applicant's favor, the same rules of law apply as in suits for the recovery of possession of land by ejectment or statutory complaint for land. Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938), later appeal, 195 Ga. 317, 24 S.E.2d 292 (1943).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Requirements for land registration is not violative of the constitutional provision which declares that no law or ordinance shall pass which refers to more than one subject matter. Nor would the fact that the penal provision is unconstitutional render the entire Act void. Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921).
RULES OF LAW APPLICABLE. --In proving such title as will entitle an applicant to registration and a decree in the applicant's favor, the same rules of law apply as in suits for the recovery of possession of land by ejectment or statutory complaint for land. Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938), later appeal, 195 Ga. 317, 24 S.E.2d 292 (1943).