O.C.G.A.
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.
The title to all lands originates in grants from the Government and, since its independence, from the state.
History
(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.)
Annotations
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.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2016–2024 · leading case:
Tdga, LLC. v. Cbira, LLC, 783 S.E.2d 107 (Ga. 2016).
Tdga, LLC. v. Cbira, LLC, 783 S.E.2d 107 (Ga. 2016).
· cites it 8× “the state,” OCGA § 44-5-1, and “[a]ll realty in this state is held under the state as the original owner thereof.”
The State of Georgia v. Nofree, LLC (Ga. Ct. App. 2024).
· cites it 4× “9 The Act, which was enacted in 1992, provides that the State “continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters.”10…”
The State of Georgia v. Nofree, LLC (Ga. Ct. App. 2024).
· cites it 2× “”11 8 OCGA § 44-5-1. “The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient.”
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.