O.C.G.A. § 44-1-17 (2019)
Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance
(a) Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer’s or grantee’s responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use. If the grantor, owner, or agent of the owner knows that the property being acquired is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall deliver to the prospective purchaser, lessee, or grantee a notice which states the following: ‘‘It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards.’’
(b) Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document. (c) This Code section shall not apply to any transaction involving title passing by foreclosure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator. (d) This Code section shall not create a cause of action for damages or equitable relief.
History
(Code 1981, § 44-1-17, enacted by Ga. L. 1995, p. 1198, § 1.)
Annotations
Editor’s notes. - Ga. L. 1995, p. 1198, § 4(a), not codified by the General Assembly, provides that this Code section applies to any transaction involving real property entered into on or after July 1, 1995.
Law reviews. - For note on the 1995 enactment of this Code section, see 12 Ga. St. U.L. Rev. 313 (1995).
CHAPTER 2 RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS Sec.
Article 1 Recording
Part 1 Recording of Deeds and Other Real Property Transactions Sec.
Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor. 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. Voluntary deeds or conveyances of land; effect of recording. Protection of good faith purchases and liens without notice against unrecorded liens or conveyances. Recording execution and deed after sheriff ’s sale; evidence of execution where original lost. Recording bond for title, contracts, transfers, and assignments; priority as to subsequent deeds taken without notice from same vendor. Recording of surrender or satisfaction of bond for title. Recording of options to purchase land and assignments of such options; effect as notice. Recording leases, usufructs, and assignments thereof; effect as notice. Recording deeds and bills of sale to personalty; effect as notice. Recording copy of instrument recorded in other counties in which part of affected land is located in cases where original lost or destroyed. Rerecording lost or destroyed
deeds and other instruments; validity. Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record. Requirements for recordation. Officers authorized to attest registrable instruments. Effect of acknowledgment subsequent to execution. Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument. Recording deed upon affidavit of subscribing witness; effect of substantial compliance. Recording deed on affidavit of third person. Recorded affidavits relating to land as notice of facts cited therein; admissibility of such affidavits in evidence; presumption as to facts recited; filing and recording. Recording instrument executed out of state; attestation and acknowledgment; validity of attestation by officer who appears to have no jurisdiction to attest the instrument. Legal effect of good record title for 40 years. When deed serves as evidence; effect of affidavit alleging forgery. Withdrawal of affidavit of forgery upon loss of deed by affiant. Recording techniques; photostatic copies of plats. Recording of plat or copy of plat - When and where authorized; duty of clerk. Recording of plat or copy of plat - When deemed recorded. Recording of plat or copy of plat - Incorporation by reference.
Sec.
PROPERTY Sec.
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. Filing and recording of notice of settlement.
Part 2 Uniform Real Property Electronic Recording
Short title. Definitions. Electronic documents treated as original; electronic signatures acceptable. Role of clerk of court. Adoption of rules and regulations; standardization.