O.C.G.A. § 44-4-31 (2019)

History

(Code 1981, § 44-4-31, enacted by Ga. L. 1985, p. 650, § 1.)

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CHAPTER 5 ACQUISITION AND LOSS OF PROPERTY

Article 1

Grants from State.

44-5-1. Origin of title to land.

44-5-2. How land in state held.

44-5-3. Form of grants; substantial compliance.

44-5-4. Correctable errors in grants.

44-5-5. Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors.

44-5-6. When correction refused.

44-5-7. Trial in superior court.

44-5-8. Filing and preserving papers and evidence.

44-5-9. Advertising prior to issuing corrected grant where original lost.

44-5-10. Effect of corrected grant; notation of correction.

44-5-11. Grounds for setting aside grants.

44-5-12. Impeachment of grants; grounds; effect of irregularities or misnomer.

44-5-13. Grants by implication; presumptions favor grants.

44-5-14. Presumption of grant on 20 years' possession.

Article 2

Conveyances.

44-5-30. Requisites of deed to lands; inquiry into consideration.

44-5-31. Requisites of deed to personalty; necessity for deed.

44-5-32. Requisites of instruments other than deeds.

44-5-33. Form of deed.

44-5-34. Construction of inconsistent clauses in deed; ascertainment of intention of parties.

44-5-35. Apportionment of price for deficiency in number of acres; rescission.

44-5-36. Purchaser's remedies for loss of land due to title defect.

44-5-37. Applicability of Code Sections 53-2-112 through 53-2-114 to elections under or against deed.

44-5-38. Effect of recital in deed of receipt of purchase money.

44-5-39. Binding effect of covenants on grantee who accepts deed.

44-5-40. Conveyance of future interests or estates.

44-5-41. Voidance and ratification of conveyance to or by a minor.

44-5-42. Delivery of deed to third party as escrow; possession as proof of delivery.

44-5-43. Effect of adverse possession on making of deed.

44-5-44. Estoppel from claiming adversely to own deed.

44-5-45. When ancient deed admissible without proof of execution [Repealed].

44-5-46. Establishment of copy of deed upon loss of original; effect of copy.

44-5-47. Liability of purchaser for costs of conveyance.

44-5-48. Deeds conveying interest in real property used as commercial landfill.

Article 3

Covenants and Warranties.

44-5-59. Covenant running with the land between property owner and third party.

44-5-60. Covenants running with land; effect of zoning laws; covenants and scenic easements for use of public; renewal of certain covenants; costs.

44-5-61. Implied warranty of title.

44-5-62. General warranty - Scope.

44-5-63. General warranty - Defects known to purchaser.

44-5-64. Action for breach of warranty - Burden of proof.

44-5-65. Action for breach of warranty - Necessity for offer to rescind; mitigation of damages.

44-5-66. Action for breach of warranty - Measure of damages.

44-5-67. Breach of bond for title to land; measure of damages.

Article 4

Gifts Generally.

Part 1

INTER VIVOS GIFTS.

44-5-80. Criteria for making valid inter vivos gift.

44-5-81. When acceptance presumed; acceptance for minors and corporations.

44-5-82. Delivery; constructive delivery.

44-5-83. Written gift.

44-5-84. Presumption of gift arising from delivery of personalty by parent to child living separate from parent.

44-5-85. Rebuttable presumption of gift of lands belonging to parent but in possession of child for seven years.

44-5-86. Gifts by person subject to undue influence; avoidance.

44-5-87. Implied trust on failure of specific purpose for which gift made.

44-5-88. Gifts void against creditors and bona fide purchasers.

44-5-89. Donation of blood by persons over 17 years of age.

Part 2

GIFTS CAUSA MORTIS.

44-5-100. Criteria for making valid gift causa mortis.

Article 5

The Georgia Transfers to Minors Act.

44-5-110. Short title.

44-5-111. Definitions.

44-5-112. Applicability of article.

44-5-113. Nomination of custodian.

44-5-114. Irrevocable gift or exercise of power of appointment made under Code Section 44-5-119.

44-5-115. Irrevocable transfer by personal representative or trustee to custodian for minor's benefit.

44-5-116. Irrevocable transfer by personal representative, trustee, or guardian to custodian.

44-5-117. Transfers by other persons to custodian.

44-5-118. Effect of custodian's written acknowledgment of delivery.

44-5-119. Creation and transfer of custodial property.

44-5-120. Single custodianship.

44-5-121. Validity of transfer.

44-5-122. Powers and duties of custodian; name in which registered securities to be held; commingling with personal assets.

44-5-123. Custodian's rights, powers, and authority over custodial property; liability for breach of Code Section 44-5-122.

44-5-124. Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor.

44-5-125. Compensation; expenses of custodian; bond.

44-5-126. Liability of third person for dealings with person purporting to act in capacity of custodian.

44-5-127. Assertion of claim arising out of custodial relationship.

44-5-128. Appointment of successor custodian.

44-5-129. Accounting by custodian; petition for accounting.

44-5-130. Transfer of custodial property by custodian to minor or minor's estate.

44-5-131. Applicability to transfers made after July 1, 1990.

44-5-132. Applicability to transfers made prior to July 1, 1990.

44-5-133. Uniform applicability of article.

44-5-134. Exceptions to article.

Article 6

Revised Uniform Anatomical Gifts.

44-5-140. Short title.

44-5-141. Definitions.

44-5-142. Anatomical gifts during life of donor.

44-5-143. Method to make an anatomical gift.

44-5-144. Amending, or revoking an anatomical gift.

44-5-145. Refusal to make an anatomical gift.

44-5-146. Role and authority of people other than donor.

44-5-147. Classes of persons available to make donations; priority.

44-5-148. Signed writing or oral communication required for gift of document.

44-5-149. Recipients of anatomical gifts of procurement organizations.

44-5-150. Search and notification for information identifying donor status.

44-5-151. Delivery of document.

44-5-152. Rights and duties of procurement organizations.

44-5-153. Coordination of procurement and use.

44-5-154. Limited prohibition on sale or purchase of body parts.

44-5-155. Penalties.

44-5-156. Immunity.

44-5-157. Requirements for validity of document of gift; governing law.

44-5-158. Donor registry.

44-5-159. Impact of anatomical gift on an advance directive for health care.

44-5-159.1. Cooperation between medical examiners and procurement organizations.

44-5-159.2. Role of medical examiner.

44-5-159.3. Application.

44-5-159.4. Construction with federal law.

Article 7

Prescription.

44-5-160. Nature of title by prescription.

44-5-161. Adverse possession; effect of permissive possession.

44-5-162. Effect of fraud on prescription.

44-5-163. When adverse possession for 20 years confers title.

44-5-164. When adverse possession for seven years confers title.

44-5-165. How actual possession of lands evidenced.

44-5-166. Constructive possession of lands; effect of constructive possession of same land by adjacent owners.

44-5-167. Extent of constructive possession under deed; judicial notice.

44-5-168. Adverse possession of mineral rights under certain conditions; procedure to obtain title.

44-5-169. Possession of land as notice; presumption from possession of husband and wife.

44-5-170. Effect of disabilities on commencement of prescription.

44-5-171. Effect of intervening disabilities; tacking.

44-5-172. Tacking of successive possessions.

44-5-173. Prescription involving unrepresented estates, joint tenancies, or dismissed actions.

44-5-174. Tacking of prior possession originating in fraud.

44-5-175. Prescription involving incorporeal rights.

44-5-176. Effect on prescription of notice of instrument creating a lien.

44-5-177. Adverse possession of personal property.

Article 8

Escheat [Repealed].

44-5-190 through 44-5-199. [Repealed].

Article 9

Forfeiture.

44-5-210. Lien of state for costs of prosecution.

44-5-211. Forfeiture of abandoned cemetery lots; proceedings for reclamation and subsequent sale; disposition of proceeds.

Article 10

Dedication.

44-5-230. Dedication of lands to public use.