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2018 Georgia Code 44-2-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-2-60 Case Law from Google Scholar Amendments to OCGA 44-2-60

TITLE 44 PROPERTY

Section 2. Recordation and Registration of Deeds and Other Instruments, 44-2-1 through 44-2-253.

ARTICLE 2 LAND REGISTRATION

44-2-60. Jurisdiction of superior court over matters in this article.

For the purpose of enabling all persons owning real estate within this state to have the title thereto settled and registered as prescribed by this article, the superior court of the county in which the land is located shall have exclusive original jurisdiction of all petitions and proceedings had thereupon.

(Ga. L. 1917, p. 108, § 2; Code 1933, § 60-201.)

Cross references.

- Judges who may preside in the superior court of the county where the land is located, § 44-2-41.

JUDICIAL DECISIONS

Dispossessory action held not transferable.

- In a dispossessory action filed in state court, there was no evidence of the lack of a landlord-tenant relationship, and no evidence justifying a challenge to the ownership of the land so as to require transfer of the case to the superior court. Bread of Life Baptist Church v. Price, 194 Ga. App. 693, 392 S.E.2d 15 (1990).

Cited in Setlock v. Setlock, 286 Ga. 384, 688 S.E.2d 346 (2010).

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Registration of Land Titles, §§ 2, 10.

C.J.S.

- 76 C.J.S., Registration of Land Titles, § 4.

Cases Citing O.C.G.A. § 44-2-60

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Setlock v. Setlock, 286 Ga. 384 (Ga. 2010).

Cited 12 times | Published | Supreme Court of Georgia | Jan 25, 2010 | 688 S.E.2d 346, 2010 Fulton County D. Rep. 167

...his state to have the title thereto settled and registered[,] . . . the superior court of the county in which the land is located shall have exclusive original jurisdiction of all petitions and proceedings had thereupon.” (Emphasis supplied.) OCGA § 44-2-60. Thus, here, although the magistrate court had jurisdiction over Steven’s dispossessory action, it did not have jurisdiction to render a binding judgment on Eugene’s Lake House counterclaims which included claims for declaratory judgm...
...However, the statutory requirement for Eugene to raise his compulsory counterclaims in magistrate court did not somehow confer jurisdiction in that court to resolve these claims over which, by law, it had no jurisdiction. See OCGA §§ 15-10-2 and 44-2-60. Decided January 25, 2010. Ann M....