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2018 Georgia Code 44-5-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-5-1 Case Law from Google Scholar Amendments to OCGA 44-5-1

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 1 GRANTS FROM STATE

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

The title to all lands originates in grants from the Government and, since its independence, from the state.

(Orig. Code 1863, § 2322; Code 1868, § 2319; Code 1873, § 2350; Code 1882, § 2350; Civil Code 1895, § 3210; Civil Code 1910, § 3798; Code 1933, § 85-301.)

JUDICIAL DECISIONS

When grant from state introduced, no proof of possession required.

- When a grant from the state is introduced to show origin of title, no proof of possession is required. It is when the chain of title is not connected with a grant from the state that possession in one of the grantors in the chain must be shown. Ryals v. Wilson, 152 Ga. 757, 111 S.E. 414 (1922).

Cited in United States v. Patterson, 206 F.2d 345 (5th Cir. 1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Lands, §§ 3 et seq., 76, 77, 48 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 64, 65.

C.J.S.

- 73A C.J.S., Public Lands, § 86 et seq. 73B C.J.S., Public Lands, §§ 249, 250, 264 et seq., 296, 297.

Cases Citing O.C.G.A. § 44-5-1

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Tdga, LLC. v. Cbira, LLC, 298 Ga. 510 (Ga. 2016).

Cited 8 times | Published | Supreme Court of Georgia | Feb 22, 2016 | 783 S.E.2d 107

...at 43-44 (1). This, of course, makes fundamental sense. For purposes of clearing title to any piece of property, it is necessary to include a full consideration of the State’s rights, if any, because “title to all lands originates from . . . the state,” OCGA § 44-5-1, and “[a]ll realty in this state is held under the state as the original owner thereof.” OCGA § 44-5-2....
..., which proceeding may be against all persons known and unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants.” OCGA § 23-3-61 (emphasis added). As the Court’s opinion notes, all title to land in Georgia originates from the State, see OCGA §§ 44-5-1 and 44-5-2, so the State has a possible adverse claim of title that will be determined in virtually every action to quiet title against the world, and innumerable such actions also will involve tax claims of the State and its agencies an...