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Call Now: 904-383-7448While the cause is pending before the examiner of titles or at any time before final decree, the judge, or the examiner with the approval of the judge, may require the land to be surveyed by some competent surveyor and may order durable bounds to be set and a plat thereof to be filed among the papers of the suit. Before such survey is made, all adjoining landowners shall be given at least five days' notice. The petitioner or any adjoining owner dissatisfied with the survey may file a protest with the court within ten days from the time the plat is filed; and thereupon an issue shall be made up and tried as in case of protest to the return of land processioners.
(Ga. L. 1917, p. 108, § 22; Code 1933, § 60-217.)
- When no survey such as provided for in this statute was ordered, but the petitioner introduced in evidence the testimony and survey of the petitioner's own surveyor, who testified as to the location of the land lines, corners, and landmarks of the property, the evidence offered was competent and not subject to the objection that the petitioner's survey did not comply with this statute. Harris v. Ernest L. Miller, Co., 213 Ga. 748, 101 S.E.2d 715 (1958) (see O.C.G.A. § 44-2-77).
Although this statute calls for the use of a registered surveyor, this is directory and a court does not commit error when the court approves the services of a registered engineer, provided the court determines the engineer is equally well qualified to perform the services required of a surveyor. Smith v. Bruce, 241 Ga. 133, 244 S.E.2d 559 (1978).
Cited in Union Bag-Camp Paper Corp. v. Coffee County Hunting & Fishing Club, 216 Ga. 44, 114 S.E.2d 511 (1960).
- 66 Am. Jur. 2d, Registration of Land Titles, § 19.
- 76 C.J.S., Registration of Land Titles, §§ 14, 15.
No results found for Georgia Code 44-2-77.