O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-2-9 (2019)

Recording leases, usufructs, and assignments thereof; 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, leases or usufructs of land or of any interest in land and assignments of such leases or usufructs for any purpose, including the purpose of securing debt, may be recorded in the county where the property described in the instrument is located. The record shall, from the date of filing, be notice of the interest of the parties to the lease or usufructs in the property described in the instrument and of the interest of any person holding an assignment of any interest in such lease or usufruct.

History

(Ga. L. 1958, p. 413, § 1.)

Annotations

Law reviews. - For article analyzing legal aspects of time shared (multiple, revolving) ownership of property, see 12 Ga. St. B.J. 75 (1975). For note discussing lessee’s option to purchase, see 22 Ga. B.J. 565 (1960).

OPINIONS OF THE ATTORNEY GENERAL Lease itself, not a notice of the existence of a lease, should be recorded. 1968 Op. Att’y Gen. No. 68-157. RESEARCH REFERENCES other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 ALR 485. Continued possession of tenant as constructive notice to third person of unrecorded transfer of title of original lessor, 1 ALR2d 322. Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 ALR2d 577.

Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 52. C.J.S. - 76 C.J.S., Records, § 11. ALR. - Necessity of consideration to support option under seal, 2 ALR 631; 21 ALR 137. Priority where senior instrument affecting real property is recorded after execution but before recording of junior instrument, 32 ALR 344. Validity of reservation of oil and gas or

Notes of Decisions
Cited in 2 cases, 2009–2013 · leading case: Det. Mgmt., LLC v. UMB Bank, NA (In re Mun. Corr., LLC), 501 B.R. 119 (Bankr. N.D. Ga. 2013).
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Det. Mgmt., LLC v. UMB Bank, NA (In re Mun. Corr., LLC), 501 B.R. 119 (Bankr. N.D. Ga. 2013). · cites it 5× “Second, they contend that the Lease does not provide sufficient detail to provide constructive notice or give rise to a duty to inquire because it merely refers to the Indenture and does not specifically mention the existence of the unrecorded mortgage lien.”
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…”
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.