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

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 Georgia Code 23-3-44 From Courtlistener.com

Total Results: 3

Tdga, LLC. v. Cbira, LLC

Court: Supreme Court of Georgia | Date Filed: 2016-02-22

Citation: 298 Ga. 510, 783 S.E.2d 107, 2016 Ga. LEXIS 165

Snippet: conventional quiet title actions, see OCGA §§ 23-3-40 to 23-3-44, which pre-date the Land Registration Law, are

Boyd v. Johngalt Holdings, LLC

Court: Supreme Court of Georgia | Date Filed: 2014-03-03

Citation: 294 Ga. 640, 755 S.E.2d 675, 2014 Fulton County D. Rep. 357, 2014 WL 819430, 2014 Ga. LEXIS 171

Snippet: been “implicit throughout this case.” See OCGA § 23-3-44 (“Proceedings quia timet may be used to remove

Johnson v. Red Hill Associates, Inc.

Court: Supreme Court of Georgia | Date Filed: 2004-09-13

Citation: 602 S.E.2d 572, 278 Ga. 334, 2004 Fulton County D. Rep. 2949, 2004 Ga. LEXIS 634

Snippet: from conventional quia timet actions since OCGA § 23-3-44, part of the conventional quia timet statute, specifically