O.C.G.A.

O.C.G.A. § 44-2-28 (2019)

Recording of plat or copy of plat - Incorporation by reference

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic copy, or other copy of the plat which has been recorded as authorized in Code Section 44-2-26 and when the deed, mortgage, or other instrument states the office, book, and page of recordation of the plat or of the blueprint, tracing, photostatic copy, or other copy of the plat, the reference shall be equivalent to setting forth

in the deed, mortgage, or other instrument the boundaries, metes, courses, or distances of the real estate as may be delineated or shown on the plat or on the blueprint, tracing, photostatic copy, or other copy thereof.

History

(Ga. L. 1937, p. 746, § 3; Ga. L. 1982, p. 3, § 44.)

Annotations

JUDICIAL DECISIONS Cited in Five Dee Ranch Corp. v. Federal Land Bank, 148 Ga. App. 734, 252 S.E.2d 662 (1979).

Contract referring to plat must identify tract sold. - Contract to sell part of a larger tract shown on the plat referred to must identify the part to be sold. McMichael Realty & Ins. Agency, Inc. v. Tysinger, 155 Ga. App. 131, 270 S.E.2d 88 (1980).

OPINIONS OF THE ATTORNEY GENERAL ness shown; if these basic requirements are met, the court may even correct errors and deficiencies in the plat to develop a description of the property conveyed. 1973 Op. Att’y Gen. No. U73-19.

Plat may be referred to in conveyance to aid in description of the property conveyed; such a plat need not be recorded to be utilized to aid in description; it is required that the plat be identified as the one referred to, and evidence of the plat’s correct-

RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Deeds, §§ 38 et seq, 50. C.J.S. - 26A C.J.S., Deeds, § 53 et seq. ALR. - Rights as between grantees in severalty of lots or parts of same tract, where actual measurements vary from those given

in deeds or indicated on the map or plat, 97 ALR 1227. Conveyance of lot with reference to map or plat as giving purchaser rights in indicated streets, alleys, or areas not abutting his lot, 7 ALR2d 607.