O.C.G.A. § 44-2-39.2 (2019)

Annotations

Cross references. - Recording of maps or plats of real estate by clerk of superior court generally, § 15-6-67 et seq. Title insurance, § 33-7-8. Filing conveyances of property to or by state with State Properties Commission, § 50-16-122.

Law reviews. - For article discussing the

Georgia real property law, see 29 Mercer L. Rev. 219 (1977). JUDICIAL DECISIONS stroyed except upon clear and satisfactory evidence showing a clear equity in one who seeks to establish a right in hostility to the record title by adverse possession. Such possession must be actual, open, visible, exclusive, and unambiguous. McDonald v. Taylor, 200 Ga. 445, 37 S.E.2d 336 (1946). Sufficiency of evidence proving title. - Title to land cannot be proved by hearsay testimony. Neither can title to land be established by general reputation in the community as to ownership. City of Marietta v. Glover, 225 Ga. 265, 167 S.E.2d 649 (1969). Cited in Craig v. Arnold, 227 Ga. 333, 180 S.E.2d 733 (1971).

Construed with Chapter 11 of this Title. - Relief in ejectment is not coextensive with that under Title 22 of the Land Registration Act in that ejectment title can never be settled as against the world. Conversely, relief may be had in ejectment which cannot be had under the Act, including possession of the premises and judgment for mesne profits. Union Bag-Camp Paper Corp. v. Coffee County Hunting & Fishing Club, 216 Ga. 44, 114 S.E.2d 511 (1960). Effect of registration law on adverse possession. - Protection which the registration law gives to one taking title to lands upon the faith of the record title should not be de-

RESEARCH REFERENCES ALR. - Concealment, misrepresentation, or mistake as regards identity of person for whom property is purchased as ground for cancellation of deed, 6 ALR2d 812. Clay, sand, or gravel as ‘‘minerals’’ within deed, lease, or license, 95 ALR2d 843.

Am. Jur. Trials. - Prospective Purchaser’s Recovery of Damages for Tortuous Interference with Real Estate Contract, 97 Am. Jur. Trials 107. Real Estate Broker’s Breach of Fiduciary Duty to Disclose Material Facts to Seller-Principal, 101 Am. Jur. Trials 1.

ARTICLE 1 RECORDING

Cross references. - Real estate transfer taxes, see § 48-6-1 et seq.

Law reviews. - For article, ‘‘Noticing the Bankruptcy Sale: The Purchased Property

May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,’’ see 15 (No. 5) Ga. St. B.J. 12 (2010).

JUDICIAL DECISIONS owner. Insilco Corp. v. Carter, 245 Ga. 513, 265 S.E.2d 794 (1980). Constructive notice of subsequent deeds. - Purchaser has constructive notice of any deeds out of the purchaser’s grantor from the date of deed, rather than the date of the deed’s recording. Insilco Corp. v. Carter, 245 Ga. 513, 265 S.E.2d 794 (1980). Cited in Gray v. Georgia Real Estate Comm’n, 209 Ga. 301, 71 S.E.2d 645 (1952).

Effect of grantor’s conveyance to another before grantor became owner. - Title of a bona fide purchaser is not impaired by a conveyance from the purchaser’s grantor to another, which was made and filed before the purchaser’s grantor became the owner of the property, since to hold otherwise would be to require a purchaser to extend back indefinitely the purchaser’s period of record search against the name of each prior

T.44, C.2, A.1 RECORDATION AND REGISTRATION OF DEEDS

OPINIONS OF THE ATTORNEY GENERAL to recording as an instrument affecting title to land. 1975 Op. Att’y Gen. No. U75-87.

Instrument which conveys only security interest in personal property is not entitled

RESEARCH REFERENCES Right of one otherwise protected by recording law against prior unrecorded deed or mortgage as affected by fact that all or part of the consideration was unpaid at the time he received notice, actual or constructive, of the prior instrument, 109 ALR 163. Federal government or agencies of federal government as subject to payment of tax or fee imposed upon, or for, recording or filing instrument, 124 ALR 1267. Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 ALR 1325. Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 ALR2d 577. Agreement between real estate owners restricting use of property as within contemplation of recording laws, 4 ALR2d 1419. Personal covenant in recorded deed as enforceable against grantee’s lessee or successor, 23 ALR2d 520. Recorded real property instrument as charging third party with constructive notice of provisions of extrinsic instrument referred to therein, 89 ALR3d 901.

ALR. - Record of executory contracts for the sale of real estate, 26 ALR 1546. Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 ALR 853; 56 ALR 1217. Allowance for improvements in reliance upon title or interest defeated by failure to record conveyance, 40 ALR 282. Use of diminutive or nickname as affecting operation of record as notice, 45 ALR 557. Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording acts, 52 ALR 183. Presumption or burden of proof as to whether or not instrument affecting title to property is recorded, 53 ALR 668. Grantee or mortgagee by quitclaim deed or mortgage in quitclaim form as within protection of recording laws, 59 ALR 632. Effect of alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation, 67 ALR 364. Assignment of future rents as within recording laws, 75 ALR 270.

Part 1 Recording of Deeds and Other Real Property Transactions Editor’s notes. - Ga. L. 2009, p. 695, § 1, effective May 5, 2009, designated Code Sections 44-2-1 through 44-2-30 as this part.