O.C.G.A. § 44-2-61 (2019)
Proceedings to be in rem; operation of decree
The proceedings under any petition for the registration of land and all proceedings in the court in relation to registered land shall be proceedings in rem against the land; and the decree of the court shall operate directly on the land and shall vest and establish title thereto in accordance with this article upon all persons who are parties to said proceedings, whether by name or under the general designation of ‘‘whom it may concern.’’
History
(Ga. L. 1917, p. 108, § 4; Ga. L. 1931, p. 190, § 1; Code 1933, § 60-202; Ga. L. 1939, p. 341, § 1.)
Annotations
JUDICIAL DECISIONS in possession, contrary to the rule in ejectment. Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921). Applicant judged on strength of own application. - Every applicant for benefits under the Land Registration Act must stand on the strength of the applicant’s own application, and not upon the weakness of the applicant’s adversary’s title. Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938), later appeal, 195 Ga. 317, 24 S.E.2d 292 (1943). Conclusiveness of judgment on adverse claimants. - As stated in Ga. L. 1917, p. 108, § 4 (see O.C.G.A. § 44-2-61), actions under the Georgia Registration Law were proceedings in rem; and judgments rendered therein, decreeing registration of title in the names of the applicants, were conclusive upon all adverse claimants, except in cases of fraud or forgery, in which cases such claimants can file appropriate proceedings to set
Rules of law applicable. - In proving such title as will entitle an applicant to registration and a decree in the applicant’s favor, the same rules of law apply as in suits for the recovery of possession of land by ejectment or statutory complaint for land. Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938), later appeal, 195 Ga. 317, 24 S.E.2d 292 (1943). Action not substitute for ejectment. - Relief in ejectment is not coextensive with that which may be had under the Georgia Land Registration Act. In 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. The Georgia Land Registration Act is not a substitute for ejectment or for the statutory action for land. A proceeding to register the title may be brought by a person in possession against others not
aside decrees and certificates of registration. Rock Run Iron Co. v. Miller, 156 Ga. 136, 118 S.E. 670 (1923). Cited in Hancock v. Lizella Fruit Farm,
184 Ga. 73, 190 S.E. 362 (1937); Gordon v. Georgia Kraft Co., 217 Ga. 500, 123 S.E.2d 540 (1962).
RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Registration of Land Titles, §§ 1, 5, 7, 10. C.J.S. - 76 C.J.S., Registration of Land Titles, §§ 1, 2, 22.
ALR. - Necessity of actual possession to give title by adverse possession under invalid tax title, 22 ALR 550.