O.C.G.A. § 44-5-48 (2019)
Deeds conveying interest in real property used as commercial landfill
(a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, ‘‘commercial landfill’’ means an area where materials have been deposited for a fee. (b) This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property. (c) Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale.
History
(Code 1981, § 44-5-48, enacted by Ga. L. 1988, p. 821, § 2.)
Annotations
Cross references. - Prohibition on construction activity on abandoned landfills, § 8-6-1 et seq.
ARTICLE 3 COVENANTS AND WARRANTIES Law reviews. - For article surveying recent legislative and judicial developments in
Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).
RESEARCH REFERENCES ALR. - Liability of former owner of real estate because of a violation of statute or ordinance relating to condition of premises, 8 ALR 356.
Extent of lessee’s obligation under express covenant as to repairs, 20 ALR 782; 45 ALR 12. Restriction forbidding manufacture or
sale of liquor as breach of covenant of title or against encumbrances, or as negativing marketable title, 51 ALR 1460. Reservation by grantor of the right to require payment for existing party wall when used, 52 ALR 494. Tea room or other place of refreshment as violation of restrictive covenant against use of premises for mercantile or business purposes, or limiting its use to residential purposes, 57 ALR 411. Implied covenant in conveyance with reference to map, plat, or blueprint as to size of remaining lots or against further subdivision thereof, 57 ALR 764. Measure of damages for breach of covenants of title in conveyances or mortgages of real property, 61 ALR 10; 100 ALR 1194. Assignment of lease as breach of covenant against subletting, 79 ALR 1379. Validity of provisions of instrument creating legal estate attempting to exempt it from claims of creditors, 80 ALR 1007. Deed or mortgage of real estate as affecting right to oil and gas or royalty interest under existing lease, 94 ALR 660; 140 ALR 1280. School as violation of restrictive covenant relating to use of real property, 98 ALR 390. Personal liability of covenantor for breach of restrictive covenant by grantee of property, 98 ALR 779. Garage or filling station as breach of restrictive covenant, 99 ALR 541. When does statute of limitations commence to run against action for breach of covenant against encumbrances, 99 ALR 1050. Liability of grantor in deed with covenants, for expense of grantee’s successful litigation with third party, 105 ALR 729. Use of cemetery grounds for purposes other than interment, 130 ALR 130. Restrictive covenants as applicable to land itself apart from buildings, 155 ALR 528. Covenant restricting ‘‘erection,’’ ‘‘construction,’’ etc., as including limitation on use structure, 155 ALR 1007. Building restrictions specifying minimum cost in dollars as affected by change in gold content or purchasing power of dollar, 161 ALR 1131. Rights or interests covered by quitclaim deed, 162 ALR 556. After-acquired title rule as applicable to
title acquired by grantor through enforcement of mortgage or lien, 168 ALR 1149. Decree or judgment subject to direct attack in chain of title as rendering title unmerchantable, 9 ALR2d 710. Controlling effect, as to building lines in restrictive covenants, as between provisions in deed and conflicting data on plat referred to therein, 21 ALR2d 1262. Building side line restrictive covenants, 36 ALR2d 861. Encroachment of structure on or over adjoining property or way as rendering title unmarketable, 47 ALR2d 331. Validity, construction, and effect of land sale contract providing that title must be satisfactory to purchaser, 47 ALR2d 455. Binding effect on tenant holding over of covenants in expired lease, 49 ALR2d 480. Use of premises for parking place as violation of restrictive covenant, 80 ALR2d 1258. Reservation or exception in deed in favor of stranger, 88 ALR2d 1199. Construction and effect of restrictive covenant in deed or conveyance specifically prohibiting or limiting the keeping of animals, such as livestock, fowl, etc., on the premises, 89 ALR2d 990. Incidental use of dwelling for business or professional purposes as violation of covenant restricting use to residential purposes, 21 ALR3d 641. Liability of builder-vendor or other vendor of new dwelling for loss, injury, or damage occasioned by defective condition thereof, 25 ALR3d 383. Covenant restricting use of land, made for purpose of guarding against competition, as running with land, 25 ALR3d 897. Covenant in deed restricting material to be used in building construction, 41 ALR3d 1290. Vendor and purchaser: marketability of title as affected by lien dischargeable only out of funds to be received from purchaser at closing, 53 ALR3d 678. Construction and operation of parking-space provision in shopping-center lease, 56 ALR3d 596. Restrictive covenants as to height of structures or buildings, 1 ALR4th 1021. Liability of vendor of existing structure for property damage sustained by purchaser after transfer, 18 ALR4th 1168.
Community residence for mentally disabled persons as violation of restrictive covenant, 41 ALR4th 1216. Construction and application of restrictive covenants to the use of signs, 61 ALR4th 1028.
Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property ‘‘as is’’ or in its existing condition, 8 ALR5th 312.