Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 23-3-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 23-3-44 Case Law from Google Scholar Amendments to OCGA 23-3-44

TITLE 23 EQUITY

Section 3. Equitable Remedies And Proceedings Generally, 23-3-1 through 23-3-127.

ARTICLE 3 QUIA TIMET

23-3-44. Redemption and notice.

Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales; provided, however, that the length of time for redemption shall remain as provided by law and nothing in this Code section shall preclude the necessity of giving all parties at interest notice of this proceeding.

(Code 1981, §23-3-44, enacted by Ga. L. 2000, p. 1408, § 1; Ga. L. 2001, p. 4, § 23; Ga. L. 2001, p. 4, § 23.)

Effective date.

- This Code section became effective July 1, 2000.

The 2001 amendment, effective February 12, 2001, part of an Act to revise, modernize, and correct the Code, revised language and punctuation in this Code section.

JUDICIAL DECISIONS

Cited in Boyd v. JohnGalt Holdings, LLC, 294 Ga. 640, 755 S.E.2d 675 (2014).

PART 2 Q UIA TIMET AGAINST ALL THE WORLD

JUDICIAL DECISIONS

Proper use of Quiet Title Act found.

- Petition to remove a 20-year leasehold interest as a cloud on the title of property was a proper use of the Quiet Title Act. Cowron & Co. v. Shehadeh, 268 Ga. 383, 490 S.E.2d 82 (1997).

Findings of master and court to be upheld unless erroneous.

- In an action to quiet title brought under § 23-3-60, et seq., the findings of the special master and adopted by the trial court will be upheld unless clearly erroneous. Seignious v. Metropolitan Atlanta Rapid Transit Auth., 252 Ga. 69, 311 S.E.2d 808 (1984).

Cases Citing O.C.G.A. § 23-3-44

Total Results: 3  |  Sort by: Relevance  |  Newest First

Copy

Boyd v. Johngalt Holdings, LLC, 294 Ga. 640 (Ga. 2014).

Cited 17 times | Published | Supreme Court of Georgia | Mar 3, 2014 | 755 S.E.2d 675, 2014 Fulton County D. Rep. 357

...presented squarely by the claims of the Boyds for trespass and ejectment, as well as by an earlier counterclaim of JohnGalt for trespass. As the trial court observed, a cause of action for quiet title had been “implicit throughout this case.” See OCGA § 23-3-44 (“Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales ....
Copy

Johnson v. Red Hill Assocs., Inc., 602 S.E.2d 572 (Ga. 2004).

Cited 9 times | Published | Supreme Court of Georgia | Sep 13, 2004 | 278 Ga. 334, 2004 Fulton County D. Rep. 2949

...ll the world, but sought cancellation of specific clouds on the title. Furthermore, although the property involved here was purchased at a tax sale by Red Hill Associates, that does not alone remove it from conventional quia timet actions since OCGA § 23-3-44, part of the conventional quia timet statute, specifically approves the use of quia timet proceedings "to remove clouds on title caused by equities of redemption following tax sales...." 3....
Copy

Tdga, LLC. v. Cbira, LLC, 298 Ga. 510 (Ga. 2016).

Cited 8 times | Published | Supreme Court of Georgia | Feb 22, 2016 | 783 S.E.2d 107

...But it is also apparent from the text of the Land Registration Law that the General Assembly intended that any claims the State may have to the land at issue would be subject to adjudication by the court. The same cannot be said of conventional quiet title actions, see OCGA § § 23-3-40 to 23-3-44, which pre-date the Land Registration Law, are not 2 brought in rem, and operate on particular instruments allegedly casting a cloud on title....