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2018 Georgia Code 44-2-26 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-2-26 Case Law from Google Scholar Amendments to OCGA 44-2-26

TITLE 44 PROPERTY

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

ARTICLE 1 RECORDING

44-2-26. Recording of plat or copy of plat - When and where authorized; duty of clerk.

The owner of real property or of any interest therein or any holder of a lien thereon may file a plat of the property in the office of the clerk of superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat that conforms with Code Section 15-6-67.

(Ga. L. 1937, p. 746, § 1; Ga. L. 2012, p. 173, § 1-34/HB 665; Ga. L. 2016, p. 193, § 5/HB 1004.)

The 2012 amendment, effective July 1, 2012, substituted "digital" for "photostatic" twice in this Code section, and added "that conforms with Code Section 15-6-67" at the end of the last sentence.

The 2016 amendment, effective January 1, 2017, in the first sentence, substituted "may file a plat of the property in the office of the clerk of superior court" for "may have a plat of the property or a blueprint, tracing, digital copy, or other copy of a plat of the property recorded and indexed in the office of the clerk of the superior court", and deleted "or any blueprint, tracing, digital copy, or other copy of the plat" following "any plat" in the second sentence.

JUDICIAL DECISIONS

Unofficial plat is admissible in evidence if proven to be correct. Mickle v. Moore, 188 Ga. 444, 4 S.E.2d 217 (1939).

Description in lease prevails over that in plat.

- When a lease describes the premises by metes and bounds, such a description will prevail over that of an attached sketch or plat when they differ in describing the premises. Duke v. Wilder, 212 Ga. 26, 90 S.E.2d 12 (1955).

Cited in Conyers v. Fulton County, 117 Ga. App. 649, 161 S.E.2d 347 (1968).

OPINIONS OF THE ATTORNEY GENERAL

Plats reduced in size.

- Clerks of superior courts may accept for recording plats which have been reduced in size if the plats comply with the requirements of O.C.G.A. § 44-2-26. 1989 Op. Att'y Gen. No. U89-4.

Photocopies of plats.

- Clerks of superior courts are not authorized under O.C.G.A. §§ 15-6-67 to15-6-69 to record photocopies of plats, although such a recording will not affect or invalidate any legal description or legal instrument based on such plat. 1989 Op. Att'y Gen. No. U89-4.

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