O.C.G.A.
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. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.

History

(Civil Code 1895, § 3107; Civil Code 1910, § 3683; Code 1933, § 85-711.)

Annotations

History of 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).

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 A.L.R. 384; 113 A.L.R. 958.

Requiring security from life tenant for protection of remainderman, 101 A.L.R. 271; 138 A.L.R. 440.

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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 A.L.R. 778; 95 A.L.R. 1085.

Perpetual lease or covenant to renew lease perpetually as violation of rule against perpetuities or the suspension of the power of alienation, 3 A.L.R. 498; 162 A.L.R. 1147.

Right of purchaser under land contract to anticipate time of payment fixed by contract, 17 A.L.R. 866.

Right of vendee who enters under parol contract, to recover for improvements where vendor refuses to convey, 17 A.L.R. 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 A.L.R. 1249.

Absolute power of disposition in life tenant as elevating life estate to fee, 76 A.L.R. 1153.

Nature of estates or interests created by grant or devise to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.

Grant, reservation, or exception as creating separate and independent legal estate in solid minerals or as passing only incorporeal privilege or license, 66 A.L.R.2d 978.

Deed to railroad company as conveying fee or easement, 6 A.L.R.3d 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.