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2018 Georgia Code 44-2-134 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-2-134 Case Law from Google Scholar Amendments to OCGA 44-2-134

TITLE 44 PROPERTY

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

ARTICLE 2 LAND REGISTRATION

44-2-134. Filing caveat objecting to entry in title register; show cause hearing upon caveat.

  1. If any person at interest objects to any entry, registration, or notation made by the clerk upon the title register, he may, unless such entry, registration, or notation has become conclusive by lapse of time under Code Section 44-2-122, file with the clerk of the superior court a caveat setting forth the entry, notation, or registration to which he objects, what interest he has in the subject matter, and the ground of his objection and praying for such relief as he desires and deems appropriate under the circumstances. The clerk shall note upon the title register the fact that a caveat has been filed and by whom and to what entry, notation, or act of registration it applies.
  2. After the filing of the caveat has been noted, the matter shall be presented to the judge who shall order all persons at interest to show cause on a day named why the relief prayed for in the caveat should not be granted. Upon proof being made that due notice has been given to all parties at interest, the judge shall proceed to hear the matter and shall render a judgment of the court giving direction to the matter and may thereupon require such entry, registration, or notation to be canceled or modified and may require the outstanding certificate of title and owner's certificate to be modified accordingly. To that end the court may require the outstanding owner's certificate of title to be brought into court by subpoena for the production of documentary evidence or other process, including attachment for contempt; and, if the court finds that production of the certificate cannot be compelled, it shall provide for publication of notice of the court's action thereon for a period of time not less than once a week for four weeks in the newspaper in which the sheriff's sales of the county are advertised, the expense of making the publication to be provided for in such manner as the court shall order.

(Ga. L. 1917, p. 108, § 60; Code 1933, § 60-416.)

JUDICIAL DECISIONS

Party to proceeding cannot go back to decree of registration.

- Provisions for a caveat by any interested person objecting to any entry, notation, or registry made by the clerk, found in this statute, are not intended to and, as a matter of law cannot, authorize a party to the registration proceeding to go back to the decree of registration. Miller v. Turner, 209 Ga. 255, 71 S.E.2d 517 (1952) (see O.C.G.A. § 44-2-134).

Remedies in case of fraud.

- In cases of fraud, the true owner, if the owner moves within 12 months, has a summary remedy under Ga. L. 1917, p. 108, § 60 (see O.C.G.A. § 44-2-134), or a remedy by plenary suit under Ga. L. 1917, p. 108, § 63 (see O.C.G.A. § 44-2-137). After the expiration of 12 months one can only resort to such plenary suit; but the existence of summary remedy does not preclude such owner from resorting to such plenary remedy, either within or after the expiration of such 12 month period, if one asserts such plenary remedy under the statute within seven years. Rock Run Iron Co. v. Miller, 156 Ga. 136, 118 S.E. 670 (1923).

Motion to cancel notice of lis pendens is not properly classifiable as caveat under O.C.G.A. § 44-2-134. Jay Jenkins Co. v. Financial Planning Dynamics, Inc., 256 Ga. 39, 343 S.E.2d 487 (1986).

Cited in Lankford v. Milhollin, 203 Ga. 491, 47 S.E.2d 70 (1948).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 76 C.J.S., Registration of Land Titles, § 27.

Cases Citing Georgia Code 44-2-134 From Courtlistener.com

Total Results: 1

Jay Jenkins Co. v. Financial Planning Dynamics, Inc.

Court: Supreme Court of Georgia | Date Filed: 1986-05-29

Citation: 343 S.E.2d 487, 256 Ga. 39, 1986 Ga. LEXIS 690

Snippet: cancellation of the lis pendens notice. They cite OCGA § 44-2-134 as authorizing such a caveat. The superior court