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O.C.G.A. § 44-5-59 — Covenant running with the land between property owner and third party | Georgia Code

O.C.G.A. § 44-5-59 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

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

ARTICLE 3 COVENANTS AND WARRANTIES

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

Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property's owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and a third party agree to such covenant, the property is adequately described in such covenant, and such covenant does not run for more than 20 years.

(Code 1981, §44-5-59, enacted by Ga. L. 2013, p. 776, § 1/HB 175.)

Effective date.

- This Code section became effective July 1, 2013. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2013, p. 776, § 2/HB 175, not codified by the General Assembly, provides that this Code section shall apply to covenants recorded on or after July 1, 2013.

Law reviews.

- For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).

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