O.C.G.A.

O.C.G.A. § 44-6-3 (2019)

Lien on one’s own property; purchase of lien on own property and enforcement thereof

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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As a general rule, a party may not hold a lien on his own property; but the owner of property which is subject to a lien created or imposed against the property by another person may protect himself by purchasing the lien and levying it on other property of the person liable to pay the same or holding it as a claim against such person. (Civil Code 1895, § 3107; Civil Code 1910, § 3683; Code 1933, § 85-711.) History of Code section. - This Code section is derived from the decisions in Clay v. Banks, 71 Ga. 363 (1883); Georgia Chem. Works v. Chartledge, 77 Ga. 547, 4 Am. St. R. 96 (1886).

Annotations

Cross references. - Liens generally, Ch. 14 of this title.

JUDICIAL DECISIONS Cited in Bearden v. Carter Merchandise Co., 101 Ga. 169, 28 S.E. 678 (1897); McDuffie v. Merchants Bank, 168 Ga. 231, 147 S.E. 111 (1929); Franklin Mtg. Co. v. McDuffie, 43 Ga. App. 604, 159 S.E. 599

(1931); Edmonds v. Beatie, 62 Ga. App. 246, 8 S.E.2d 559 (1940); Bostwick v. Felder, 73 Ga. App. 118, 35 S.E.2d 783 (1945); Barron Buick, Inc. v. Kennesaw Fin. Co., 105 Ga. App. 451, 124 S.E.2d 918 (1962).

RESEARCH REFERENCES Am. Jur. 2d. - 28 Am. Jur. 2d, Estates, §§ 89, 90. 51 Am. Jur. 2d, Liens, § 10 et seq. C.J.S. - 31 C.J.S., Estates, § 104 et seq. ALR. - Subrogation of purchaser who

discharges superior lien as part of purchase price, as against recorded junior lien, 37 ALR 384; 113 ALR 958. Requiring security from life tenant for

protection of remainderman, 101 ALR 271; 138 ALR 440.

ARTICLE 2 FEE SIMPLE ESTATES Law reviews. - For article surveying Georgia cases in the area of real property

from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).

JUDICIAL DECISIONS Cited in Southwell v. Purcell, 172 Ga. 739, 158 S.E. 588 (1931). RESEARCH REFERENCES ALR. - Scope and import of term ‘‘owner’’ in statutes relating to real property, 2 ALR 778; 95 ALR 1085. Perpetual lease or covenant to renew lease perpetually as violation of rule against perpetuities or the suspension of the power of alienation, 3 ALR 498; 162 ALR 1147. Right of purchaser under land contract to anticipate time of payment fixed by contract, 17 ALR 866. Right of vendee who enters under parol contract, to recover for improvements where vendor refuses to convey, 17 ALR 949. Right of owner of fee burdened with easement in nature of street, private or public, to

compensation on condemnation of property for public street, 17 ALR 1249. Absolute power of disposition in life tenant as elevating life estate to fee, 76 ALR Nature of estates or interests created by grant or devise to one and heirs if donee should have any heirs, 16 ALR2d 670. Grant, reservation, or exception as creating separate and independent legal estate in solid minerals or as passing only incorporeal privilege or license, 66 ALR2d 978. Deed to railroad company as conveying fee or easement, 6 ALR3d 973.

Notes of Decisions

Cited in 2 cases, 1994–2019 · leading case: Pasha v. Battle Creek Homeowners Ass'n, Inc., 829 S.E.2d 618 (Ga. Ct. App. 2019).

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Pasha v. Battle Creek Homeowners Ass'n, Inc., 829 S.E.2d 618 (Ga. Ct. App. 2019). · cites it 2× “2d 690 (1985) (holding that a condominium association's restriction on occupancy to persons 16 years old or older was not so unreasonable as to be repugnant to the estate granted and, therefore, did not violate OCGA § 44-6-3 ); Godley Park Homeowners Ass'n, Inc.”

Nash v. Miller, 441 S.E.2d 924 (Ga. Ct. App. 1994). · cites it 2× ““Still, however, if the consideration of his purchase of the property, as encumbered by the previous lien securing the outstanding *515 debt, is represented in whole or in part by such debt, the result would be otherwise, since, ‘as a general rule, a party can not hold a lien on…”

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.