O.C.G.A.

O.C.G.A. § 44-2-8 (2019)

Recording of options to purchase land and assignments of such options; effect as notice

✓ 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 executed with the formality prescribed for the execution of deeds to land, options to purchase land or any interest in land and assignments of such options to purchase may be recorded in the county in which the property described in the instrument is located. The record shall, from the date of filing, be notice of the interest and rights of the parties to the option to purchase in and with respect to the property described in the option to

purchase and of the interest and rights of any person holding an assignment of the option to purchase.

History

(Ga. L. 1960, p. 858, § 1.)

Annotations

JUDICIAL DECISIONS Cited in Banks v. Harden, 221 Ga. 505, 145 S.E.2d 563 (1965); Bootery, Inc. v.

Cumberland Creek Properties, Inc., 271 Ga. 271, 517 S.E.2d 68 (1999).

RESEARCH REFERENCES treated as rent) equal agreed price, 55 ALR3d 159. Construction and effect of options to purchase at specified price and at price offered by third person, included in same instrument, 22 ALR4th 1293. Circumstances excusing lessee’s failure to give timely notice of exercise of option to renew or extend lease, 27 ALR4th 266. Sufficiency as to method of giving oral or written notice exercising option to renew or extend lease, 29 ALR4th 903. What constitutes timely notice of exercise of option to renew or extend lease, 29 ALR4th 956. Waiver or estoppel as to notice requirement for exercising option to renew or extend lease, 32 ALR4th 452. Sufficiency as to parties giving or receiving notice of exercise of option to renew or extend lease, 34 ALR4th 857.

Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 47. C.J.S. - 76 C.J.S., Records, § 11. ALR. - Instrument for purchase of land as a contract or an option, 3 ALR 576; 87 ALR 563. Exercise of option as affecting rights intervening between giving and exercise of option, 50 ALR 1314. When optionee’s delay in exercising option excused, 157 ALR 1311. Grant to lessee of first privilege or right to purchase leased premises as constituting absolute or conditional option, 34 ALR2d 1158. Validity of option to purchase realty as affected by indefiniteness of term provided for exercise, 31 ALR3d 522. Construction and operation of ‘‘option agreement - flat payment’’ land contract under which optionee has right to take title when periodic payments (otherwise to be

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2023 · leading case: Bootery, Inc. v. Cumberland Creek Props., Inc., 517 S.E.2d 68 (Ga. 1999).

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Bootery, Inc. v. Cumberland Creek Props., Inc., 517 S.E.2d 68 (Ga. 1999). · cites it 2× “OCGA § 44-2-8. Under this statute, the recording of the option contract between RRR and CCP constituted constructive notice thereof to Appellants.”

Gordon v. Wells Fargo Bank, N.A. (In Re Codrington), 430 B.R. 287 (Bankr. N.D. Ga. 2009). “§ 44 — 2—2(a)(1) (deeds, mortgages, liens of all kinds and maps or plats relating to real estate in the county); § 44-2-6 (bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein); § 44-2-8 (options to purchase land or any interest in…”

Det. Mgmt., LLC v. UMB Bank, NA (In re Mun. Corr., LLC), 501 B.R. 119 (Bankr. N.D. Ga. 2013). “§ 44-2-2(a)(1) (deeds, mortgages, liens of all kinds and maps or plats relating to real estate in the county); § 44-2-6 (bond for title, bond to reconvey realty, contract to sell or con *134 vey realty or any interest therein); § 44-2-8 (options to purchase land or any interest…”

William J. Layng, Jr., Chapter 7 Tr. v. United Wholesale Mortg. (Bankr. N.D. Ga. 2023). · cites it 2× “But O.C.G.A. § 44-2-8 (the “Remedial Statute”) also offers Defendants no reprieve.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.