2018 Georgia Code Annotated

TITLE 44 PROPERTY

Chap.

• 1. General Provisions, 44-1-1 through 44-1-18.
• 2. Recordation and Registration of Deeds and Other Instruments, 44-2-1 through 44-2-253.
• 3. Regulation of Specialized Land Transactions, 44-3-1 through 44-3-250.
• 4. Determination of Boundaries, 44-4-1 through 44-4-31.
• 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.
• 6. Estates, 44-6-1 through 44-6-206.
• 7. Landlord and Tenant, 44-7-1 through 44-7-119.
• 8. Water Rights, 44-8-1 through 44-8-10.
• 9. Easements, 44-9-1 through 44-9-92.
• 10. Historic Preservation, 44-10-1 through 44-10-31.
• 11. Ejectment and Proceedings Against Intruders, 44-11-1 through 44-11-33.
• 12. Rights in Personalty, 44-12-1 through 44-12-322.
• 13. Exemptions from Levy and Sale, 44-13-1 through 44-13-120.
• 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.
• 15. Uniform Prudent Management of Institutional Funds, 44-15-1 through 44-15-8.
• 16. Uniform Environmental Covenants, 44-16-1 through 44-16-14.

Chapter 1. General Provisions, 44-1-1 through 44-1-18.

• 44-1-1. "Property" defined.
• 44-1-2. "Realty" or "real estate" defined; extent of owner's interest in airspace.
• 44-1-3. "Personalty" defined; status of certain stocks.
• 44-1-4. "Estate" defined.
• 44-1-5. "Title" defined.
• 44-1-6. What things considered fixtures; movable machinery as personalty; effect of detachment from realty.
• 44-1-7. Possession of personalty.
• 44-1-8. Property rights in animals; factors establishing property in wild animals.
• 44-1-9. Ownership of deposit and offspring by wild animals on land.
• 44-1-10. Ownership of offspring of domestic or owned animals.
• 44-1-11. Application and construction of provisions relating to estates.
• 44-1-12. What constitutes perfect title.
• 44-1-13. Removal of improperly parked cars or trespassing personal property; concurrent jurisdiction; procedure; automatic surveillance prohibited; penalty.
• 44-1-14. Abatement of hazard from abandoned well or hole; recovery costs; use of county funds.
• 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties.
• 44-1-16. Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
• 44-1-17. Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance.
• 44-1-18. Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority [Repealed].

Chapter 2. Recordation and Registration of Deeds and Other Instruments, 44-2-1 through 44-2-253.

Article 1 Recording.

Part 1 RECORDING OF DEEDS AND OTHER REAL PROPERTY TRANSACTIONS.

• 44-2-1. Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.
• 44-2-2. Duty of clerk to record certain transaction affecting real estate and personal property; priority of recorded instruments; effect of recording on rights between parties to instruments.
• 44-2-3. Voluntary deeds or conveyances of land; effect of recording.
• 44-2-4. Protection of good faith purchases and liens without notice against unrecorded liens or conveyances.
• 44-2-5. Recording execution and deed after sheriff's sale.
• 44-2-6. Recording bond for title, contracts, transfers, and assignments; priority as to subsequent deeds taken without notice from same vendor.
• 44-2-7. Recording of surrender or satisfaction of bond for title.
• 44-2-8. Recording of options to purchase land and assignments of such options; effect as notice.
• 44-2-9. Recording leases, usufructs, and assignments thereof; effect as notice.
• 44-2-10. Recording deeds and bills of sale to personalty; effect as notice.
• 44-2-11. Recording copy of instrument recorded in other counties in which part of affected land is located in cases where original lost or destroyed.
• 44-2-12. Rerecording lost or destroyed deeds and other instruments; validity.
• 44-2-13. Rerecording instruments upon creation of new county or change in county lines; effect on validity of original record.
• 44-2-14. Requirements for recordation.
• 44-2-15. Officers authorized to attest registrable instruments.
• 44-2-16. Effect of acknowledgment subsequent to execution.
• 44-2-17. Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument.
• 44-2-18. Recording deed upon affidavit of subscribing witness; effect of substantial compliance.
• 44-2-19. Recording deed on affidavit of third person.
• 44-2-20. Recorded affidavits relating to land as notice of facts cited therein; filing and recording.
• 44-2-21. Recording instrument executed out of state; attestation and acknowledgment; validity of attestation by officer who appears to have no jurisdiction to attest the instrument.
• 44-2-22. Legal effect of good record title for 40 years.
• 44-2-23. When deed serves as evidence; effect of affidavit alleging forgery [Repealed].
• 44-2-24. Withdrawal of affidavit of forgery upon loss of deed by affiant.
• 44-2-25. Recording techniques; copies of plats.
• 44-2-26. Recording of plat or copy of plat - When and where authorized; duty of clerk.
• 44-2-27. Recording of plat - When deemed recorded.
• 44-2-28. Recording of plat or copy of plat - Incorporation by reference.
• 44-2-29. Recording of plat or copy of plat - Ratification of record made prior to statutory authorization; effect of incorporation by reference of plat prior to authorization.
• 44-2-30. Filing and recording of notice of settlement.

Part 2 UNIFORM REAL PROPERTY ELECTRONIC RECORDING.

• 44-2-35. Short title.
• 44-2-36. Definitions.
• 44-2-37. Electronic documents treated as original; electronic signatures acceptable.
• 44-2-38. Role of clerk of court.
• 44-2-39. Adoption of rules and regulations; standardization.
• 44-2-39.1. Promotion of uniformity.
• 44-2-39.2. Construction with federal law.

Article 2 Land Registration.

Part 1 IN GENERAL.

• 44-2-40. Short title.
• 44-2-41. Definitions.
• 44-2-42. Performance of clerk's and sheriff's duties by deputies; liability.
• 44-2-43. Fraud, forgery, and theft in connection with registration of title to land; penalty.
• 44-2-44. Fraudulent acts by office of clerk personnel; penalties.
• 44-2-45. Fraud or false entries by sheriffs and deputies; penalties.
• 44-2-46. Fraudulent acts and malpractice of examiners; penalty.
• 44-2-47. Reduction of felonies under this article to misdemeanors.

Part 2 PROCEEDINGS TO REGISTER.

• 44-2-60. Jurisdiction of superior court over matters in this article.
• 44-2-61. Proceedings to be in rem; operation of decree.
• 44-2-62. Procedure as to actions for registration; persons under disability.
• 44-2-63. Persons claiming less than fee; establishing title without registration.
• 44-2-64. Petition - Verification; contents; description of land; surveys; amendments.
• 44-2-65. Petition - Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract.
• 44-2-66. Petition - Persons included as defendants.
• 44-2-67. Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem.
• 44-2-68. Appointment of resident agent for service on nonresident petitioner.
• 44-2-69. Service upon state, county, or municipality.
• 44-2-70. Waiver or acknowledgment of service.
• 44-2-71. Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice.
• 44-2-72. Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction.
• 44-2-73. Effect of notice; appearances or pleadings as waiver of service, notice, and defects.
• 44-2-74. Service on other persons found by examiner to be entitled to notice.
• 44-2-75. Additional notice; judge's discretion.
• 44-2-76. Who may file objections or cross-action to petition.
• 44-2-77. Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue.
• 44-2-78. Dismissal without prejudice.
• 44-2-79. Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts.
• 44-2-80. Treatment of land pending registration; appearance of person acquiring interest in land pending registration.
• 44-2-81. No default judgment or decree.
• 44-2-82. Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel.
• 44-2-83. Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund.
• 44-2-84. Review by Court of Appeals.

Part 3 EXAMINERS.

• 44-2-100. Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit.
• 44-2-101. Referral of case to examiner; preliminary report; contents; time of filing.
• 44-2-102. Hearing; final report; delay of hearing to add new parties; notice.
• 44-2-103. Examiner's powers; contents, filing, and notice of examiner's report; right to jury trial, new trial, and appeal; recommitment to examiner after trial or reversal on appeal.
• 44-2-104. Authority to inspect pertinent records.
• 44-2-105. Appointment of stenographer; compensation.

Part 4 REGISTERS AND REGISTRATION.

• 44-2-120. Furnishing and maintaining register books; issuance of owner's certificate of title.
• 44-2-121. Signing and dating register entries and owners' certificates.
• 44-2-122. Clerk's duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction.
• 44-2-123. Clerk's duty to ensure proper execution of voluntary transfer; liability for damage or loss arising from registration of improperly executed transfer.
• 44-2-124. Performance of duties upon disqualification, death, or disability of clerk.
• 44-2-125. When recordation other than registration not required; filing instruments; admissibility of certified copies and use as evidence; recordation procedure when instrument is not in short form.
• 44-2-126. Notation of lien or encumbrance on certificate of title - In general.
• 44-2-127. Notation of lien or encumbrance on certificate of title - Registered encumbrances, rights, and adverse claims.
• 44-2-128. Registration of transactions affecting unregistered land as notice.
• 44-2-129. Registration of involuntary transactions on court's order; form.
• 44-2-130. Cancellation of decedent's certificate and issuance of new certificate to personal representative.
• 44-2-131. Declaration of title by descent upon petition; service of petition and publication of notice; transfer of registered title and issuance of new certificates; rights of surviving spouse.
• 44-2-132. Compelling production of owner's certificate for registration of involuntary transfer; cancellation of certificate upon failure to produce it; notice of cancellation.
• 44-2-133. Procedure for obtaining duplicate of lost owner's certificate.
• 44-2-134. Filing caveat objecting to entry in title register; show cause hearing upon caveat.
• 44-2-135. Obtaining notations in title register.
• 44-2-136. Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation.
• 44-2-137. What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside.
• 44-2-138. What limitations govern actions by injured party for fraud or negligence.
• 44-2-139. Registration and title certificate to run with land [Repealed].
• 44-2-140. Availability of prescription or adverse possession against registered land.
• 44-2-141. Rights, burdens, and incidents as to both registered and unregistered land; validity of transfers of title by last registered owner.
• 44-2-142. Notation of change of name on register and certificate.
• 44-2-143. Notation of liens and lis pendens on register; effect absent notation.
• 44-2-144. Freeing land from further registration; certificates as conclusive source of title; notation of encumbrances; when land automatically freed; registered land free of further registration; exception.

Part 5 CONVEYANCE, TRANSFER, AND DESCENT.

• 44-2-160. Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land.
• 44-2-161. Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates.
• 44-2-162. Subdivision of registered land; procedure.
• 44-2-163. Conveyance to secure debt; form; notation and registration; creditor's certificate.
• 44-2-164. Assignment or negotiation of creditor's certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation.
• 44-2-165. Sale by holder of creditor's certificate; application for transfer to purchaser; opportunity to object to transfer; order of application of sale proceeds.
• 44-2-166. Transfer to secure debt; notation of bond for title or to reconvey.
• 44-2-167. Validity and priority of unrecorded transfers of owner's certificate to registered lands.
• 44-2-168. Descent of registered land as personalty [Repealed].
• 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer.
• 44-2-170. Right of personal representative to have registered land transferred to him where such land transferred to heirs before his appointment; action against heirs who have improperly appropriated land.
• 44-2-171. Procedure for ascertaining, and transfer to, heirs or beneficiaries.
• 44-2-172. Transfer by clerk pursuant to judgment; production of copy of decree and order.
• 44-2-173. Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer.
• 44-2-174. Attack on transfers made to hinder, delay, or defraud creditors; decree voiding such transfer; entry of cancellations and transfers on register and certificate.
• 44-2-175. Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted.
• 44-2-176. Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer.

Part 6 ASSURANCE FUND.

• 44-2-190. Payment into assurance fund upon original registration; determination of amount.
• 44-2-191. Separate account for assurance fund.
• 44-2-192. Investment of fund; application of income; transfer of excess.
• 44-2-193. Action against fund - Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons.
• 44-2-194. Action against fund - Parties defendant.
• 44-2-195. Action against fund - Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund.
• 44-2-196. Action against fund - How judgments satisfied when fund insufficient; interest.
• 44-2-197. Liability of fund for registered owner's breach of trust.

Part 7 FEES.

• 44-2-210. Fees under article; deposit and payment of fees; award of costs.

Part 8 FORMS.

• 44-2-220. Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms.
• 44-2-221. Petition to register land.
• 44-2-222. Process.
• 44-2-223. Advertisement.
• 44-2-224. Acknowledgment of service.
• 44-2-225. Sheriff's return.
• 44-2-226. Certificate of mailing; entry of such certificate on petition.
• 44-2-227. Examiner's appointment.
• 44-2-228. Oath of examiner.
• 44-2-229. Referral to examiner.
• 44-2-230. Preliminary report of examiner; schedules.
• 44-2-231. Final report of examiner.
• 44-2-232. Decrees of title.
• 44-2-233. Book of decrees; index.
• 44-2-234. Title register book; registered title number; index of title register.
• 44-2-235. Duty of clerk to enter on new certificate all entries and notations of record.
• 44-2-236. Certified copies of certificates of title or entries thereon.
• 44-2-237. Recordation and notation of plat.
• 44-2-238. Recordation of lengthy description - Reference on title register; effect.
• 44-2-239. Recordation of lengthy description - Notation on owner's or creditor's certificate; attaching certified copy; fee.
• 44-2-240. Owner's certificate of title.
• 44-2-241. Transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale.
• 44-2-242. Creditor's certificate; endorsement of certificate.
• 44-2-243. Transfer of portion or undivided interest to secure debt.
• 44-2-244. Judge's order of transfer.
• 44-2-245. Registration and recordation of mortgages.
• 44-2-246. Notation of delinquent taxes or assessments.
• 44-2-247. Notation of judgment.
• 44-2-248. Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions.
• 44-2-249. Cancellation of creditor's certificate.
• 44-2-250. Request to cancel entries.
• 44-2-251. Registration and notation of other voluntary transactions [Repealed].
• 44-2-252. Updating entries and notations on owner's certificate; clerk's endorsement.
• 44-2-253. Filing cases; method of filing papers relating to registered lands.

Chapter 3. Regulation of Specialized Land Transactions, 44-3-1 through 44-3-250.

Article 1 Georgia Land Sales Act.

• 44-3-1. Short title.
• 44-3-2. Definitions.
• 44-3-3. Registration statement; accompanying documents; material changes; property report; lots or parcels subject to blanket encumbrances; records subject to inspection by purchaser; copy of property report to be given to prospective purchasers; sales contract; amendments to report.
• 44-3-4. Exemptions from Code Section 44-3-3.
• 44-3-4.1. Fees and expenses of commission [Repealed].
• 44-3-5. Violations of article.
• 44-3-6. Order prohibiting act, practice, or transaction in violation of article; injunctive relief.
• 44-3-7. Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on Attorney General.
• 44-3-8. Rights of buyer upon violation; persons liable for violations; limitation on actions; survival of actions; effect on statutory or common-law rights; exemption of advertisers from liability.
• 44-3-8.1. Denial of application, reprimand, suspension, civil penalty, or revocation of registration [Repealed].
• 44-3-9. Venue.
• 44-3-10. Business records required.
• 44-3-11. Certain waivers in contract void.
• 44-3-12. Burden of proof of exemption.
• 44-3-13. Application of prior law to actions, registrations, and orders prior to July 1, 1990.
• 44-3-13.1 through 44-3-13.3 [Repealed].
• 44-3-14. Business records required.
• 44-3-15. Consent to service [Repealed].
• 44-3-16. Certain waivers in contract void [Renumbered.]
• 44-3-17. Immunity of commissioner and commission from liability and actions [Repealed].
• 44-3-18. Burden of proof of exemption; effect of certificate of commission stating compliance or noncompliance with article; admissibility of copies of documents. [Renumbered.]
• 44-3-19. Application of prior law to actions, registrations, and orders prior to July 1, 1990; application of Code Section 44-3-13 to review of orders not instituted by July 1, 1990. [Renumbered.]
• 44-3-20 through 44-3-27 [Repealed].

Article 2 Sales of Subdivided Out-of-State Lands.

• 44-3-40 through 44-3-54 [Repealed].

Article 3 Condominiums.

• 44-3-70. Short title.
• 44-3-71. Definitions.
• 44-3-72. Creation of condominium.
• 44-3-73. Sufficiency of descriptions of condominium units; description of undivided interest in common elements.
• 44-3-74. Recording condominium instruments, plats, plans, and encumbrances.
• 44-3-75. Construction and validity of condominium instruments; conflicts and inconsistencies; severability.
• 44-3-76. Compliance with condominium instruments, rules, and regulations; means of enforcement.
• 44-3-77. Contents of declaration.
• 44-3-78. Allocation - Interests in common elements.
• 44-3-79. Allocation - Votes in association; how votes cast; majority vote requirements.
• 44-3-80. Allocation - Liability for common expenses; how assessments made.
• 44-3-81. Reallocation of interests in common elements, votes, and liability for common expenses.
• 44-3-82. Assignments and reassignments of limited common elements.
• 44-3-83. Recording of plats and plans; contents; completion of structural improvements; certification by registered architect or engineer.
• 44-3-84. Use of previously recorded plans in lieu of new plans.
• 44-3-85. Liability for failure to follow plats or plans; easements; liability for damage.
• 44-3-86. Leasehold condominiums; lessor's rights and powers; owner's rights and powers; liens; performance of covenants.
• 44-3-87. Conversion condominiums; notice; offer to convey; time periods; rights of tenant.
• 44-3-88. Conversion of convertible spaces; amendment to declaration effecting conversion; reallocation of sums assessed prior to conversion; treatment of convertible space not converted.
• 44-3-89. Expansion of condominium; amendment to declaration; expansion of condominium after declarant's right to expand has expired.
• 44-3-90. Alterations within units; combining two or more units.
• 44-3-91. Relocation of boundaries between units; application for relocation; amendment to declaration; plans and plats; recording.
• 44-3-92. Subdivision of units; application for subdivision; amendment to declaration; plans and plats; recordation.
• 44-3-93. Amendment of condominium instruments.
• 44-3-94. Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible.
• 44-3-95. Effect of mortgages and liens; foreclosure; release.
• 44-3-96. Separate titles and taxation.
• 44-3-97. Eminent domain; compensation; reallocation of interests; court determination; amendment to declaration.
• 44-3-98. Termination of condominium; creation of tenancy in common; distribution of assets; transfer of mortgages and liens.
• 44-3-99. Withdrawal of submitted property; reallocation to remaining units of undivided interest in common elements; contents of amendment; transfer of mortgages and liens.
• 44-3-100. Incorporation of association; name; articles and bylaws; membership; organization.
• 44-3-101. Control of association by declarant; surrender of control to unit owners; liability for books and records; cancellation of leases and contracts.
• 44-3-102. Meetings of the association; notice; reports.
• 44-3-103. Quorums at meetings of association or board.
• 44-3-104. Directors and officers; eligibility.
• 44-3-105. Powers and duties as to upkeep of the condominium; access; liability for damage.
• 44-3-106. Powers and responsibilities of association; tort actions.
• 44-3-107. Insurance coverage.
• 44-3-108. Common profits; application to expenses; surplus.
• 44-3-109. Lien for assessments; personal obligation of unit owner; notice and foreclosure; lapse; right to statement of assessments; effect of failure to furnish statement.
• 44-3-110. Restraints on alienation and rights of first refusal; statement of waiver or failure to exercise rights or restraints; effect of failure to furnish statement.
• 44-3-111. Sales of residential condominium units for residential occupancy; information required to be furnished by seller; buyer's right to void contract; limitations period; attorney's fees; penalty for willful violation.
• 44-3-112. Escrow of deposits or other payments made prior to closing.
• 44-3-113. Applicability of this article; effect on existing condominiums.
• 44-3-114. Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium.
• 44-3-115. Construction of this article; substantial compliance; procedure for curing defects in recorded instruments.
• 44-3-116. Limitations in certain restrictive covenants inapplicable.
• 44-3-117. Application to subcondominiums; creation of subcondominium; subassociation; insurance; effect of certain liens; eminent domain; description of certain units; assessments.

Article 4 Cemeteries.

• 44-3-130 through 44-3-152 [Repealed].

Article 5 Time-Share Projects and Programs.

Part 1 GENERAL PROVISIONS.

• 44-3-160. Short title.
• 44-3-161. Purpose of article.
• 44-3-162. Definitions.
• 44-3-162.1. Time-share projects and programs; application of restrictive covenants; exceptions.
• 44-3-163. Time-share estate title; recording transfer or encumbrance; taxation.
• 44-3-164. Application of zoning and other local codes, ordinances, and regulations.

Part 2 ADMINISTRATION.

• 44-3-165. Creation of time-share program; partition.
• 44-3-166. Contents and recording of project and time-share instruments.
• 44-3-167. Time-share estate program management and operation.
• 44-3-168. Developer control period in time-share estate program.
• 44-3-169. Identification of time-share project, time-share units, and time periods.
• 44-3-170. Time-share use program management and operation.
• 44-3-171. Sale of time-share intervals and programs organized prior to July 1, 1983.

Part 3 DEVELOPERS AND EXCHANGE COMPANIES.

• 44-3-172. Contents of public offering statement.
• 44-3-173. Annual reports filed by exchange companies and multilocation developers.
• 44-3-174. Public offering statement provided to purchasers; cancellation of sales agreement by purchaser or developer; statement acknowledging receipt.
• 44-3-175. Funds required to be escrowed by developer; exceptions; escrow agents.
• 44-3-176. Payments received by developer on uncompleted projects to be escrowed.
• 44-3-177. Exemption from other state laws requiring registration and public offering statements.
• 44-3-178. Exceptions to public offering statement requirement under this article.
• 44-3-179. Updating public offering statement required.
• 44-3-180. Purchase of interval is free of liens affecting that interval; exceptions.
• 44-3-181. Transfer of developer's entire interest.
• 44-3-182. Financial and other records of time-share project association or managing agent.
• 44-3-183. Remedy for violation of article; punitive damages; attorney's fees.
• 44-3-184. Limitation of actions.

Part 4 ADVERTISING.

• 44-3-185. False advertising prohibited.
• 44-3-186. Statements or representations which are prohibited.
• 44-3-187. Offer of gifts or prizes.

Part 5 FINANCING BY DEVELOPER.

• 44-3-188. Developer's financial records; availability; periodic reports; transfer of developer's interest subject to debts.
• 44-3-189. Protection of purchasers from developer's underlying blanket encumbrance.

Part 6 REGISTRATION.

• 44-3-190. Real estate broker's license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals.
• 44-3-191. Requirements for out-of-state projects, managing agents, and exchange programs.
• 44-3-192. Exceptions from registration.

Part 7 MISCELLANEOUS.

• 44-3-193. Modification of public offering statement; limitations on use of public offering statement.
• 44-3-194. Records required to be kept by developer or agents.
• 44-3-195. Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees.
• 44-3-196. Application of article to time-share programs created prior to or following July 1, 1983.
• 44-3-197. Exceptions from registration. [Renumbered.]
• 44-3-198. Powers and duties of the commission [Repealed].
• 44-3-199. Modification of public offering statement; limitations on use of public offering statement [Renumbered.]
• 44-3-200. Records required to be kept by developer or agents.
• 44-3-201. Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of registration; cease and desist order for failure to register [Repealed].
• 44-3-202. Criminal penalty for violation of article. [Renumbered.]
• 44-3-203 and 44-3-204 [Repealed].
• 44-3-205. Application of article to time-share programs created prior to or following July 1, 1983. [Renumbered.]

Article 6 Property Owners' Associations.

• 44-3-220. Short title.
• 44-3-221. Definitions.
• 44-3-222. Creation of property owners' development; affirmative election to be governed by article.
• 44-3-223. Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance.
• 44-3-224. Voting at association meetings.
• 44-3-225. Assessment of expenses; exemption from liability; liability for unpaid assessments.
• 44-3-226. Amendment of instrument; presumption of validity in court action.
• 44-3-227. Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors.
• 44-3-228. Presence of quorums at meetings.
• 44-3-229. Persons deemed to be "lot owner."
• 44-3-230. Frequency of meetings; notice.
• 44-3-231. Powers and duties of association; legal actions against agent or employee of association.
• 44-3-232. Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due.
• 44-3-232.1. Right of and procedure for certain property owners to take control of association when declarant fails to meet certain obligations.
• 44-3-233. Liberal construction of article; substantial compliance; curing of defects by amendment.
• 44-3-234. Application of article.
• 44-3-235. Applicability of article.

Article 7 Specialized Land Transactions.

• 44-3-250. Itemized reporting of expenses by developers.

Chapter 4. Determination of Boundaries, 44-4-1 through 44-4-31.

Article 1 Processioning.

• 44-4-1 through 44-4-10 [Repealed].

Article 2 Coordinate System.

• 44-4-20. Designation of Georgia Coordinate System and Georgia Coordinate System of 1985; East and West Zones.
• 44-4-21. Names of East and West Zones.
• 44-4-22. Alternative plane coordinates for expressing location of a point for Georgia Coordinate System and Georgia Coordinate System of 1985.
• 44-4-23. Description of land extending from one zone to another.
• 44-4-24. Zones precisely defined.
• 44-4-25. Recordation of coordinates of point prohibited unless connected by survey to monumented horizontal control station.
• 44-4-26. Use of terms limited.
• 44-4-27. Use of terms "Grid North, Georgia East Zone" and "Grid North, Georgia West Zone."
• 44-4-28. Conversion of distances between meters and feet.
• 44-4-29. Use of system not mandatory.
• 44-4-30. Validation of use of Georgia Coordinate System.
• 44-4-31. Use of Georgia Coordinate System prohibited after January 1, 1990.

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

Article 1 Grants from State.

• 44-5-1. Origin of title to land.
• 44-5-2. How land in state held.
• 44-5-3. Form of grants; substantial compliance.
• 44-5-4. Correctable errors in grants.
• 44-5-5. Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors.
• 44-5-6. When correction refused.
• 44-5-7. Trial in superior court.
• 44-5-8. Filing and preserving papers and evidence.
• 44-5-9. Advertising prior to issuing corrected grant where original lost.
• 44-5-10. Effect of corrected grant; notation of correction.
• 44-5-11. Grounds for setting aside grants.
• 44-5-12. Impeachment of grants; grounds; effect of irregularities or misnomer.
• 44-5-13. Grants by implication; presumptions favor grants.
• 44-5-14. Presumption of grant on 20 years' possession.

Article 2 Conveyances.

• 44-5-30. Requisites of deed to lands; inquiry into consideration.
• 44-5-31. Requisites of deed to personalty; necessity for deed.
• 44-5-32. Requisites of instruments other than deeds.
• 44-5-33. Form of deed.
• 44-5-34. Construction of inconsistent clauses in deed; ascertainment of intention of parties.
• 44-5-35. Apportionment of price for deficiency in number of acres; rescission.
• 44-5-36. Purchaser's remedies for loss of land due to title defect.
• 44-5-37. Applicability of Code Sections 53-2-112 through 53-2-114 to elections under or against deed.
• 44-5-38. Effect of recital in deed of receipt of purchase money.
• 44-5-39. Binding effect of covenants on grantee who accepts deed.
• 44-5-40. Conveyance of future interests or estates.
• 44-5-41. Voidance and ratification of conveyance to or by a minor.
• 44-5-42. Delivery of deed to third party as escrow; possession as proof of delivery.
• 44-5-43. Effect of adverse possession on making of deed.
• 44-5-44. Estoppel from claiming adversely to own deed.
• 44-5-45. When ancient deed admissible without proof of execution [Repealed].
• 44-5-46. Establishment of copy of deed upon loss of original; effect of copy.
• 44-5-47. Liability of purchaser for costs of conveyance.
• 44-5-48. Deeds conveying interest in real property used as commercial landfill.

Article 3 Covenants and Warranties.

• 44-5-59. Covenant running with the land between property owner and third party.
• 44-5-60. Covenants running with land; effect of zoning laws; covenants and scenic easements for use of public; renewal of certain covenants; costs.
• 44-5-61. Implied warranty of title.
• 44-5-62. General warranty - Scope.
• 44-5-63. General warranty - Defects known to purchaser.
• 44-5-64. Action for breach of warranty - Burden of proof.
• 44-5-65. Action for breach of warranty - Necessity for offer to rescind; mitigation of damages.
• 44-5-66. Action for breach of warranty - Measure of damages.
• 44-5-67. Breach of bond for title to land; measure of damages.

Article 4 Gifts Generally.

Part 1 INTER VIVOS GIFTS.

• 44-5-80. Criteria for making valid inter vivos gift.
• 44-5-81. When acceptance presumed; acceptance for minors and corporations.
• 44-5-82. Delivery; constructive delivery.
• 44-5-83. Written gift.
• 44-5-84. Presumption of gift arising from delivery of personalty by parent to child living separate from parent.
• 44-5-85. Rebuttable presumption of gift of lands belonging to parent but in possession of child for seven years.
• 44-5-86. Gifts by person subject to undue influence; avoidance.
• 44-5-87. Implied trust on failure of specific purpose for which gift made.
• 44-5-88. Gifts void against creditors and bona fide purchasers.
• 44-5-89. Donation of blood by persons over 17 years of age.

Part 2 GIFTS CAUSA MORTIS.

• 44-5-100. Criteria for making valid gift causa mortis.

Article 5 The Georgia Transfers to Minors Act.

• 44-5-110. Short title.
• 44-5-111. Definitions.
• 44-5-112. Applicability of article.
• 44-5-113. Nomination of custodian.
• 44-5-114. Irrevocable gift or exercise of power of appointment made under Code Section 44-5-119.
• 44-5-115. Irrevocable transfer by personal representative or trustee to custodian for minor's benefit.
• 44-5-116. Irrevocable transfer by personal representative, trustee, or guardian to custodian.
• 44-5-117. Transfers by other persons to custodian.
• 44-5-118. Effect of custodian's written acknowledgment of delivery.
• 44-5-119. Creation and transfer of custodial property.
• 44-5-120. Single custodianship.
• 44-5-121. Validity of transfer.
• 44-5-122. Powers and duties of custodian; name in which registered securities to be held; commingling with personal assets.
• 44-5-123. Custodian's rights, powers, and authority over custodial property; liability for breach of Code Section 44-5-122.
• 44-5-124. Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor.
• 44-5-125. Compensation; expenses of custodian; bond.
• 44-5-126. Liability of third person for dealings with person purporting to act in capacity of custodian.
• 44-5-127. Assertion of claim arising out of custodial relationship.
• 44-5-128. Appointment of successor custodian.
• 44-5-129. Accounting by custodian; petition for accounting.
• 44-5-130. Transfer of custodial property by custodian to minor or minor's estate.
• 44-5-131. Applicability to transfers made after July 1, 1990.
• 44-5-132. Applicability to transfers made prior to July 1, 1990.
• 44-5-133. Uniform applicability of article.
• 44-5-134. Exceptions to article.

Article 6 Revised Uniform Anatomical Gifts.

• 44-5-140. Short title.
• 44-5-141. Definitions.
• 44-5-142. Anatomical gifts during life of donor.
• 44-5-143. Method to make an anatomical gift.
• 44-5-144. Amending, or revoking an anatomical gift.
• 44-5-145. Refusal to make an anatomical gift.
• 44-5-146. Role and authority of people other than donor.
• 44-5-147. Classes of persons available to make donations; priority.
• 44-5-148. Signed writing or oral communication required for gift of document.
• 44-5-149. Recipients of anatomical gifts of procurement organizations.
• 44-5-150. Search and notification for information identifying donor status.
• 44-5-151. Delivery of document.
• 44-5-152. Rights and duties of procurement organizations.
• 44-5-153. Coordination of procurement and use.
• 44-5-154. Limited prohibition on sale or purchase of body parts.
• 44-5-155. Penalties.
• 44-5-156. Immunity.
• 44-5-157. Requirements for validity of document of gift; governing law.
• 44-5-158. Donor registry.
• 44-5-159. Impact of anatomical gift on an advance directive for health care.
• 44-5-159.1. Cooperation between medical examiners and procurement organizations.
• 44-5-159.2. Role of medical examiner.
• 44-5-159.3. Application.
• 44-5-159.4. Construction with federal law.

Article 7 Prescription.

• 44-5-160. Nature of title by prescription.
• 44-5-161. Adverse possession; effect of permissive possession.
• 44-5-162. Effect of fraud on prescription.
• 44-5-163. When adverse possession for 20 years confers title.
• 44-5-164. When adverse possession for seven years confers title.
• 44-5-165. How actual possession of lands evidenced.
• 44-5-166. Constructive possession of lands; effect of constructive possession of same land by adjacent owners.
• 44-5-167. Extent of constructive possession under deed; judicial notice.
• 44-5-168. Adverse possession of mineral rights under certain conditions; procedure to obtain title.
• 44-5-169. Possession of land as notice; presumption from possession of husband and wife.
• 44-5-170. Effect of disabilities on commencement of prescription.
• 44-5-171. Effect of intervening disabilities; tacking.
• 44-5-172. Tacking of successive possessions.
• 44-5-173. Prescription involving unrepresented estates, joint tenancies, or dismissed actions.
• 44-5-174. Tacking of prior possession originating in fraud.
• 44-5-175. Prescription involving incorporeal rights.
• 44-5-176. Effect on prescription of notice of instrument creating a lien.
• 44-5-177. Adverse possession of personal property.

Article 8 Escheat [Repealed].

• 44-5-190 through 44-5-199. [Repealed].

Article 9 Forfeiture.

• 44-5-210. Lien of state for costs of prosecution.
• 44-5-211. Forfeiture of abandoned cemetery lots; proceedings for reclamation and subsequent sale; disposition of proceeds.

Article 10 Dedication.

• 44-5-230. Dedication of lands to public use.

Chapter 6. Estates, 44-6-1 through 44-6-206.

Article 1 In General.

• 44-6-1. Rule against perpetuities; exception for certain trusts for employees [Repealed].
• 44-6-2. Merger of lesser estate into greater.
• 44-6-3. Lien on one's own property; purchase of lien on own property and enforcement thereof.

Article 2 Fee Simple Estates.

• 44-6-20. "Absolute or fee simple estate" defined.
• 44-6-21. Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence.
• 44-6-22. Creation of estate to commence in future; fee in abeyance; fee limited upon fee.
• 44-6-23. Construction of words such as "heirs" or "heirs of body."
• 44-6-24. Estates tail abolished; effect of limitations which would create estate tail by implication.
• 44-6-25. Construction and effect of limitations over after death of first taker.

Article 3 Estates Granted upon Conditions.

• 44-6-40. Grant of estates upon conditions.
• 44-6-41. Conditions precedent and subsequent distinguished; preferred construction and remedy.
• 44-6-42. Right of entry after breach of condition subsequent.
• 44-6-43. Certain conditions void.
• 44-6-44. Effect of legal disabilities on conditions; notice of condition.

Article 4 Remainders and Reversions.

• 44-6-60. Nature of estates in remainder and in reversion; rights of reversioner.
• 44-6-61. Vested and contingent remainders distinguished.
• 44-6-62. Effect of defeat of estate on remainder.
• 44-6-63. Interest of heirs of remainderman [Repealed].
• 44-6-64. Creation of remainders by parol.
• 44-6-65. Creation of remainder for persons not in being; vested remainder subject to open.
• 44-6-66. Preference for vested remainders; construction of words of survivorship in wills.
• 44-6-67. Effect of executor's assent to legacy to life tenant on remainderman; possession at termination of life estate.
• 44-6-68. Validity of limitations over upon marriage of widow.

Article 5 Life Estates.

• 44-6-80. Nature of life estates; estates during widowhood.
• 44-6-81. Length of life estate.
• 44-6-82. How and in what property life estate may be created.
• 44-6-83. Rights and duties of life tenant; forfeiture of interest to remainderman.
• 44-6-84. Ownership of increase of property.
• 44-6-85. When life tenant entitled to emblements.
• 44-6-86. Rights of lessee upon termination of life estate.
• 44-6-87. Effect of purported sale of estate by life tenant.
• 44-6-88. Demand for bond by purchaser of life estate in personalty; effect of failure to give bond.
• 44-6-89. Removal of personalty beyond state by life tenant; forfeiture; restraint.
• 44-6-90. Jurisdiction of judge of superior court as to life estates and contingent remainders.

Article 6 Estates for Years.

• 44-6-100. "Estate for years" defined; estate for years in lands passes as realty.
• 44-6-101. Estate for years distinguished from contract of hiring and from landlord and tenant relationship.
• 44-6-102. "Lease" defined; extent of interest; when mining interest passes.
• 44-6-103. Tenant's rights and duties; grounds of forfeiture.
• 44-6-104. Right of tenant for years to emblements.
• 44-6-105. Liability of tenant for years for repairs and expenses.
• 44-6-106. Dependent and independent covenants or conditions.

Article 7 Tenancy in Common.

Part 1 IN GENERAL.

• 44-6-120. "Tenancy in common" defined; presumption of equality of shares; effect of inequality of shares on right of possession.
• 44-6-121. Rights and liabilities of cotenants; accounting.
• 44-6-122. Accounting between cotenants for unequal share of rents or profits; priority of claim over certain liens.
• 44-6-123. Adverse possession against cotenant; action to recover possession.

Part 2 PARTITION.

Subpart 1 Equitable Partition.

• 44-6-140. When equitable partition authorized.
• 44-6-141. Molding of decree; discretion of court.
• 44-6-142. Effect of decree on title.

Subpart 2 Statutory Partition.

• 44-6-160. Grounds for partition; jurisdiction; contents of petition.
• 44-6-161. Who may apply for partition.
• 44-6-162. Notice of intention to apply for writ of partition.
• 44-6-163. Issuance of writ of partition; appointment of partitioners.
• 44-6-164. Appointment of surveyor; notice of time of execution of writ; oath of partitioners; principles governing partition; partitioner's return.
• 44-6-165. Objections and defenses to right of applicant, writ, or return; jury trial.
• 44-6-166. Return of partitioners as judgment of court; conclusiveness; when second partition ordered; effect.
• 44-6-166.1. Partition when physical division of property is inequitable.
• 44-6-167. When sale of lands ordered; procedure; place of sale; notice.
• 44-6-168. Commissioners' return; distribution of proceeds; liability of commissioners for moneys received; contempt.
• 44-6-169. Title to property sold; execution of deed of conveyance by commissioners.
• 44-6-170. Treatment of extraordinary cases; denial of sale or partition.
• 44-6-171. Setting aside judgment by parties under disability, absent, or not notified; time limitations; conclusiveness of judgment; effect of proceedings on bona fide purchaser.
• 44-6-172. Partition of realty by life tenants - Effect on other parties; conditions.
• 44-6-173. Partition of realty by life tenants - Appointment of guardians ad litem; service of notice of application; time for answer.
• 44-6-174. Partition of realty by life tenants - Cumulative effect.

Subpart 3 Uniform Partition of Heirs Property.

• 44-6-180. Definitions.
• 44-6-181. Application; determination of heirs property.
• 44-6-182. Posting notice sign on property.
• 44-6-183. Qualifications of partitioners.
• 44-6-184. Appraisal of heirs property; other method to determine value; notice of value; required hearing.
• 44-6-185. Partition by sale; purchase by party; buyouts; sale to others; notice and hearing.
• 44-6-186. Partitions in kind.
• 44-6-187. Open market sales; brokers and commissions; sealed bids or public sale.
• 44-6-188. Obligation of brokers to court; reporting requirements.
• 44-6-189. Uniformity among states.
• 44-6-189.1. Construction with federal Electronic Signatures in Global and National Commerce Act.

Article 8 Joint Tenancy with Survivorship.

• 44-6-190. Creating joint tenancy with survivorship; severance; effect of Code section on other laws.

Article 9 Uniform Statutory Rule Against Perpetuities.

• 44-6-200. Short title.
• 44-6-201. Validity of nonvested property interest or power of appointment.
• 44-6-202. Time of creation of nonvested property interest or power of appointment.
• 44-6-203. Reform of disposition by court to approximate transferor's plan of distribution.
• 44-6-204. Exceptions to applicability of article.
• 44-6-205. Applicability of article; court reform of nonvested dispositions created before article became effective.
• 44-6-206. Application and construction of article.

Chapter 7. Landlord and Tenant, 44-7-1 through 44-7-119.

Subpart 1 Equitable Partition

Subpart 2 Statutory Partition

Subpart 3 Uniform Partition of Heirs Property

Article 1 In General.

• 44-7-1. Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years.
• 44-7-2. Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney's fees.
• 44-7-3. Disclosure of ownership and agents; effect of failure to comply.
• 44-7-4. Local ordinances relating to security of premises occupied by tenants; cumulative effect of this Code section.
• 44-7-5. When implied contract to pay rent arises.
• 44-7-6. Tenancy at will - Creation when no time period specified.
• 44-7-7. Tenancy at will - Notice required for termination.
• 44-7-8. Tenancy at will - Right of tenant to emblements.
• 44-7-9. Estoppel to dispute landlord's title or attorn to another.
• 44-7-10. Delivery of possession at end of term; summary remedy.
• 44-7-11. Specific rights of tenants.
• 44-7-12. Removal of trade fixtures during term; when abandoned.
• 44-7-13. Landlord's duties as to repairs and improvements.
• 44-7-14. Tort liability of landlord.
• 44-7-14.1. Landlord's duties as to utilities.
• 44-7-15. Effect of destruction of tenement on obligation to pay rent.
• 44-7-16. Accrual of interest on rent owed.
• 44-7-17. Exemption from liens against tenant of crops paid as rent.
• 44-7-18. Effect of leases for purposes of prostitution or assignation.
• 44-7-19. Restrictions on rent regulation by local governments.
• 44-7-20. Notification to prospective tenant of property's propensity toward flooding.
• 44-7-21. Written brokerage agreement as binding obligation; notice of commission rights form.
• 44-7-22. Termination of a residential rental agreement by a service member.
• 44-7-23. Termination of residential lease after issuance of civil family violence order or criminal family violence order; notice; occupancy.

Article 2 Security Deposits.

• 44-7-30. Definitions.
• 44-7-31. Placement of security deposit in trust in escrow account; notice to tenant of account location.
• 44-7-32. Surety bond in lieu of escrow account; withdrawal of surety; fees; liability of clerk of superior court.
• 44-7-33. Lists of existing defects and of damages during tenancy; inspection of premises by landlord upon termination of lease and vacation or surrender of premises; right of tenant to inspect and dissent; action to recover security deposit.
• 44-7-34. Return of security deposit; grounds for retention of part; delivery of statement and sum due to tenant; unclaimed deposit; court determination of disposition of deposit.
• 44-7-35. Remedies for landlord's noncompliance with article.
• 44-7-36. Certain rental units exempt from article.
• 44-7-37. Liability for rent of military personnel receiving change of duty orders.

Article 3 Dispossessory Proceedings.

• 44-7-49. "Writ of possession" defined.
• 44-7-50. Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice.
• 44-7-51. Issuance of summons; service; time for answer; defenses and counterclaims.
• 44-7-52. When tender of payment by tenant serves as complete defense.
• 44-7-53. When writ of possession issued; trial of issues; possession pending trial.
• 44-7-54. Payment of rent and utility payments into court; issuance of writ upon failure to pay; disposition of funds.
• 44-7-55. Judgment; writ of possession; landlord's liability for wrongful conduct; distribution of funds paid into court; personal property.
• 44-7-56. Appeal; possession and payment of rent pending appeal.
• 44-7-57. Application of article to croppers and servants.
• 44-7-58. False statements in affidavit or answer; penalty.
• 44-7-59. Removal of transportable housing from lands subject to writ of possession.

Article 4 Distress Warrants.

• 44-7-70. Power of landlord to distrain for rent.
• 44-7-71. Application for distress warrant.
• 44-7-72. Issuance of summons; service on defendant; time for hearing.
• 44-7-73. When tender of payment by tenant serves as complete defense.
• 44-7-74. Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.
• 44-7-75. Payment of rent into court; transfer and possession of property pending trial; seizure; disposition of funds.
• 44-7-76. Bond; determination of amount; effect of approval on alienability of property.
• 44-7-77. Judgment and satisfaction; landlord's liability; distribution of funds; return of property.
• 44-7-78. Appeal; possession pending appeal.
• 44-7-79. Execution and levy of distress warrant; sale.
• 44-7-80. Time for attachment of landlord's lien; priorities.
• 44-7-81. Claims by third persons; oath and bond; method of trial.
• 44-7-82. Application of article to tenant's mobile home.

Article 5 Croppers.

• 44-7-100. Nature of relationship between owner and cropper.
• 44-7-101. Title to crops.
• 44-7-102. Recovery of crops sold or disposed of without landlord's consent.
• 44-7-103. Illegal sale by cropper; refusal of landlord to deliver cropper's share; penalties.

Article 6 Abandoned Mobile Home.

• 44-7-110. (Effective May 1, 2019) Short title.
• 44-7-111. (Effective May 1, 2019) Legislative findings and intent.
• 44-7-112. (Effective May 1, 2019) Definitions.
• 44-7-113. (Effective May 1, 2019) Government agent to assess abandoned mobile home; lien on intact mobile home; derelict mobile homes; notice; governmental immunity.
• 44-7-114. (Effective May 1, 2019) Hearing on findings of derelict mobile homes.
• 44-7-115. (Effective May 1, 2019) Foreclosure of liens on abandoned or intact mobile homes.
• 44-7-116. (Effective May 1, 2019) "Public sale" defined; procedure; penalty for noncompliance.
• 44-7-117. (Effective May 1, 2019) Clerk's role in management of proceeds.
• 44-7-118. (Effective May 1, 2019) Documentation for purchaser.
• 44-7-119. (Effective May 1, 2019) Appointment of local government agent not required.

Chapter 8. Water Rights, 44-8-1 through 44-8-10.

• 44-8-1. Ownership of running water; right to divert or adulterate water.
• 44-8-2. Nonnavigable streams - Rights of adjoining owners; principles when stream is boundary; accretions.
• 44-8-3. Nonnavigable streams - Exclusive possession by owner; interference by legislature with lawful use of stream.
• 44-8-4. Nonnavigable streams - Construction of dams, canals, and appurtent works; liability for resultant damages.
• 44-8-5. Rights of adjoining landowners in navigable streams.
• 44-8-6. Nonnavigable tidewaters; title; rights of adjoining landowners; principles when tidewaters are boundaries; accretions.
• 44-8-7. Rights of owners of land adjacent to or covered by navigable tidewaters.
• 44-8-8. Exclusive appropriation of tidewaters.
• 44-8-9. Construction of levees and ditches; diversion of watercourses.
• 44-8-10. Construction or establishment of private bridge or ferry; grant of franchise to construct or operate public bridge or ferry; compensation to landowner for interference with possession; when franchise exclusive generally; exclusive franchises pertaining to streets or sidewalks.

Chapter 9. Easements, 44-9-1 through 44-9-92.

Article 1 In General.

• 44-9-1. Methods of acquiring private ways.
• 44-9-2. Acquisition of easement of light and air.
• 44-9-3. Right of lateral support from adjoining land; right to make excavations up to boundary line; notice to adjoining landowner; standard of care.
• 44-9-4. Parol license; when revocable; when easement running with land.
• 44-9-5. Cessation of easement of necessity upon purchase of land providing access to highway.
• 44-9-6. Loss of easement by abandonment or nonuse.
• 44-9-7. Effect of sale of property for taxes or assessments on easements or rights of way.

Article 2 Solar Easements.

• 44-9-20. Short title.
• 44-9-21. Legislative findings and declaration of policy.
• 44-9-22. Establishment of solar easements.
• 44-9-23. Contents of solar easements.

Article 3 Private Ways.

• 44-9-40. Authority of superior court to grant private ways; filing of petition as declaration of necessity; when proceeding enjoined.
• 44-9-41. Contents of petition; manner of service and advertisement; fees.
• 44-9-42. Selection of assessors.
• 44-9-43. Show cause order; selection of assessors; hearing before assessors.
• 44-9-44. Appeals from award of assessors; jury trial.
• 44-9-45. Maintenance of private way by condemnor; failure to maintain as abandonment.
• 44-9-46. Determination of amount of compensation and other issues by jury; payment and disposition of damages.
• 44-9-47. Motions and proceedings subsequent to judgment; payment of compensation; nonpayment as abandonment; effect of abandonment on subsequent application.
• 44-9-48. Agreements between parties as to payment of compensation.
• 44-9-49. Establishment of private way by agreement between parties.
• 44-9-50. Recording of private way; protection of owner's use.
• 44-9-51. Establishment of private way by several landowners - Duties and privileges of subsequent vendees.
• 44-9-52. Establishment of private way by several landowners - Apportionment of work among landowners.
• 44-9-53. Establishment of private way over wild lands without notice to landowner; assessment of damages after notice.
• 44-9-54. Establishment of private way by prescription - Generally.
• 44-9-55. Establishment of private way by prescription - When owners barred from damages.
• 44-9-56. Notice of closing of private way after one year's use.
• 44-9-57. Limitation on use of private ways for specific commercial purposes.
• 44-9-58. Petition to use another's landing.
• 44-9-59. Obstructions; proceedings for removal; petition; rule nisi; order; appeal; fees.
• 44-9-60. Conditions for converting private ways into public roads.

Article 4 Rights of Way for Mining, Quarrying,

and Other Businesses. Article 5

• 44-9-70. Rights of way for mining, quarrying, and other business - Method of obtaining.
• 44-9-71. Rights of way for mining, quarrying, and other business - Appointment of arbitrators.
• 44-9-72. Rights of way for mining, quarrying, and other business - Arbitration of requests for diversions of watercourses.
• 44-9-73. Right of mine owner to control water power with canal or dam; damages to intervening landowners; application to probate court for such right.
• 44-9-74. Right to drain mine, carry off ore or transport items over adjoining land; compensation of landowner; application for such right; proceedings.
• 44-9-75. Application of article to lessee of mine.
• 44-9-76. Amount of water allowed to be withdrawn from stream above mill or factory by mine owner or lessee.

Timber Tramways. Cross references. - Obtaining of scenic easements for scenic river system, § 12-5-353.

• 44-9-90. Petition for construction of tramway.
• 44-9-91. Proceedings to lay out way; maximum width.
• 44-9-92. Abandonment; effect.

Chapter 10. Historic Preservation, 44-10-1 through 44-10-31.

Article 1 Uniform Conservation Easements.

• 44-10-1. Short title.
• 44-10-2. Definitions.
• 44-10-3. Creation or alteration of conservation easements; acceptance; duration; effect on existing rights and duties; limitation of liability; encumbered property must be located within boundaries of locality holding easement.
• 44-10-4. Actions affecting easements; parties; power of court to modify or terminate easement.
• 44-10-5. Validity of easement.
• 44-10-6. Interests covered by article; interests not invalidated by article.
• 44-10-7. Construction and application of article to effect uniformity of laws.
• 44-10-8. Recordation of easements; revaluation of encumbered property; appeals.

Article 2 Ordinances Providing for Historical

Preservation. Cross references. - Preservation, promotion, etc., of historic areas, identification, preservation, etc., of natural areas, etc., § 12-3-50 et seq.

• 44-10-20. Short title.
• 44-10-21. Legislative purpose; intent.
• 44-10-22. Definitions.
• 44-10-23. Exemptions.
• 44-10-24. Historic preservation commission - Establishment or designation; number, eligibility, and terms of members.
• 44-10-25. Historic preservation commission - Powers and duties.
• 44-10-26. Designation by ordinance of historic properties or districts; required provisions; investigation and report; submittal to Department of Natural Resources; notice and hearing; notification of owners.
• 44-10-27. Certificate of appropriateness - When required; local or state actions.
• 44-10-28. Certificate of appropriateness - Review of applications; procedure; approval, modification, or rejection; negotiations for acquisitions; variances; appeals.
• 44-10-29. Certain changes or uses not prohibited.
• 44-10-30. Court action or proceedings to prevent improper changes or illegal acts or conduct.
• 44-10-31. Violations of this article; penalties.

Chapter 11. Ejectment and Proceedings Against Intruders, 44-11-1 through 44-11-33.

Article 1 Ejectment.

• 44-11-1. Requirement that plaintiff recover on strength of own title; effect of common grantor on proof of title.
• 44-11-2. When plaintiff may recover on prior possession alone.
• 44-11-3. Right of joint owner to bring an action alone; effect of judgment.
• 44-11-4. Joint action against separate claimants; when prohibited.
• 44-11-5. Making true claimant a defendant; effect of judgment as to such defendant.
• 44-11-6. Disclaimer by defendant; effect on costs.
• 44-11-7. Recovery of mesne profits.
• 44-11-8. Setoff of value of improvements against mesne profits by trespasser.
• 44-11-9. Setoff of value of improvements against mesne profits by adverse claimant; right of plaintiff to election; payment by defendant to plaintiff and acquisition of title; sale; levy; molding of decree; title of purchaser.
• 44-11-10. When previous warrantor may be codefendant.
• 44-11-11. Necessity for substitution upon death of codefendant in ejectment.
• 44-11-12. Annexation of title abstract to petition.
• 44-11-13. When judgment conclusive of title.
• 44-11-14. Issuance of writ of possession; levy and sale clause.
• 44-11-15. Persons not subject to writ of possession.

Article 2 Proceedings Against Intruders.

• 44-11-30. Manner of ejecting intruders; affidavit; ejection by sheriff; counteraffidavit.
• 44-11-31. Sheriff competent to administer oath to person in possession.
• 44-11-32. Procedure on submission of counteraffidavit; trial.
• 44-11-33. Issuance of writ of possession; fi. fa. for costs.

Chapter 12. Rights in Personalty, 44-12-1 through 44-12-322.

Article 1 In General.

• 44-12-1. Partition of personal property.

Article 2 Choses in Action.

• 44-12-20. "Chose in action" defined.
• 44-12-21. Rights and remedies to enforce choses in action.
• 44-12-22. Assignment of choses in action arising upon contracts.
• 44-12-23. Assignment of a fund.
• 44-12-24. What rights of action may and may not be assigned.

Article 3 Bailments.

Part 1 IN GENERAL.

• 44-12-40. "Bailment" defined.
• 44-12-41. Bailment contract as entire; performance as condition precedent to action upon it.
• 44-12-42. Rights of bailee in bailed property; actions to enforce rights.
• 44-12-43. Care required of bailees.
• 44-12-44. Burden on bailee after loss; proper diligence standard.
• 44-12-45. When act of God or contract exception available as defense.

Part 2 HIRING.

• 44-12-60. "Hiring" defined.
• 44-12-61. Qualified ownership and rights of hirer.
• 44-12-62. Duties of hirer; liability for acts of bailor's agents.
• 44-12-63. Obligations of bailor.
• 44-12-64. Duty to return property; assumption of risks; time of return.
• 44-12-65. Effect of breach of contract; action for conversion by bailor.
• 44-12-66. Effect of loss or destruction of thing hired; liability of hirer.
• 44-12-67. When hirer may relet; effect of reletting without consent of bailor.
• 44-12-68. Consent required for removal of hired thing from state or hazardous use.
• 44-12-69. Rights of action of hirer and bailor.
• 44-12-70. Liability of thing hired to execution and levy; forthcoming bond.
• 44-12-71. Hire of labor or services - Standard of care.
• 44-12-72. Hire of labor or services - Title to article on which labor bestowed.
• 44-12-73. Hire of labor or services - Right to possession.
• 44-12-74. Hire of labor or services - Loss or destruction of property; right of bailee to compensation.
• 44-12-75. Exercise of discretion by factor; diligence.
• 44-12-76. Keeper of livery stable; diligence.
• 44-12-77. Garage owner; diligence.
• 44-12-78. Keeper of wharf; liability.

Part 3 DEPOSITS.

• 44-12-90. Definitions.
• 44-12-91. Voluntary or involuntary depositories; liability for naked deposit.
• 44-12-92. Liability of depositories for hire.
• 44-12-93. Liability for gratuitously transporting deposits.
• 44-12-94. Termination of bailment of naked deposit.
• 44-12-95. Effect of use of naked deposit on liability.
• 44-12-96. Reimbursement of expenses incurred by reason of naked deposit; retention of possession.

Part 4 LOANS OF PROPERTY.

• 44-12-110. Kinds of loans; nature of loan for consumption.
• 44-12-111. Nature of loan for use.
• 44-12-112. Liability of borrower - Duty of extraordinary care.
• 44-12-113. Liability of borrower - Effect of intended benefit of loan.
• 44-12-114. Right of borrower to possession; action for interference.
• 44-12-115. When borrower may transfer thing loaned; liability of article to levy and sale.
• 44-12-116. Revocability of loans.
• 44-12-117. Liability for necessary and extraordinary charges and expenses.
• 44-12-118. Ownership of increase in loaned property.
• 44-12-119. How loaned property used; acts considered as conversion.
• 44-12-120. When death of parties terminates loans.

Part 5 PAWNBROKERS.

• 44-12-130. Definitions.
• 44-12-131. Duration of pawn transactions; lease-back of motor vehicles prohibited; taking possession of motor vehicles; restrictions on interest, fees, or charges; action to recover excessive or undisclosed charges; consequences of excessive charges.
• 44-12-132. Permanent records - Required; content.
• 44-12-133. Permanent records - Manner of recording entry; corrections; inspection.
• 44-12-134. Permanent records - Maintained for four years.
• 44-12-135. Effect of part on local laws.
• 44-12-136. Supervision of pawnbrokers by municipalities.
• 44-12-137. Prohibited acts; penalties; presumption as to pledgor; replacement of lost or damaged goods.
• 44-12-138. Restrictions on advertising; disclosure tickets or statements.

Article 4 Trover.

Part 1 IN GENERAL.

• 44-12-150. Effect of defendant's possession on necessity of proof of conversion.
• 44-12-151. Right of plaintiff to elect form of verdict.
• 44-12-152. Determination of value of property.
• 44-12-153. Tender of property and hire; effect on costs.
• 44-12-154. Setoff and recoupment in action involving purchase money contract; judgment; lien of defendant.
• 44-12-155. Alternative verdict; effect as first lien pending payment of judgment.
• 44-12-156. Effect of judgment for damages in trover; priority.
• 44-12-157. Effect of destruction of or injury to property on defendant's liability.
• 44-12-158. Fees and costs when $100.00 or less is involved.

Part 2 BAIL IN TROVER PROCEEDINGS.

• 44-12-170. Sale of perishable or other property in absence of replevy; amount of money verdict for plaintiff.
• 44-12-171. Recovery by defendant in trover action when plaintiff had replevied property.

Article 5 Disposition of Unclaimed Property.

• 44-12-190. Short title.
• 44-12-191. Construction of article.
• 44-12-192. Definitions.
• 44-12-193. When property held, issued, or owing in ordinary course of holder's business presumed abandoned.
• 44-12-194. Conditions under which intangible property subject to custody of state as unclaimed property.
• 44-12-195. When sums payable on traveler's checks or money orders deemed abandoned; conditions under which same may be subjected to custody of state as unclaimed property.
• 44-12-196. When instruments on which banking or financial organization directly liable presumed abandoned; service charges.
• 44-12-197. When certain deposits or other interests in banking or financial organization presumed abandoned.
• 44-12-198. When fund under life or endowment insurance policy or annuity contract presumed abandoned.
• 44-12-199. When funds held or owing by utility presumed abandoned.
• 44-12-200. When unclaimed court ordered refund from business association presumed abandoned.
• 44-12-201. When undistributed dividends and distributions of business associations presumed abandoned; when intangible interest in business associations presumed abandoned.
• 44-12-202. When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned.
• 44-12-203. When intangible property held in fiduciary capacity for benefit of another, and income derived therefrom, presumed abandoned.
• 44-12-204. When intangible property held for owner by state or federal entity presumed abandoned.
• 44-12-205. When gift certificate or credit memo presumed abandoned.
• 44-12-206. When unpaid wages presumed abandoned.
• 44-12-207. When employee benefit trust distributions and income thereon presumed abandoned; exceptions.
• 44-12-208. When funds held or owing by insurer or hospital, medical, or dental service corporation presumed abandoned; when sums payable on negotiable instrument for payment of claim under insurance contract presumed abandoned.
• 44-12-209. Rent due on safe-deposit boxes; notice of opening of box and sealing of contents when contents deemed abandoned; delivery to commissioner.
• 44-12-210. Commencement of abandonment for certain property described in Code Section 44-12-197.
• 44-12-211. When bequeathed property presumed abandoned; when person presumed dead without heirs or distributees and property presumed abandoned.
• 44-12-212. When property described in Code Section 44-12-193 not subject to this article.
• 44-12-213. Cooperation with other states to audit or otherwise determine unclaimed property subject to claim; rules and procedure.
• 44-12-214. Report and remittance of persons holding property presumed abandoned under this article.
• 44-12-215. Publication of "Georgia Unclaimed Property List"; contents of notice.
• 44-12-216. Assumption of custody by state; legal proceedings instituted by other state; reimbursements for costs to safe-deposit box holders.
• 44-12-217. Sale or destruction of property.
• 44-12-218. Disposition of funds received under article.
• 44-12-219. When commissioner may decline to receive certain property.
• 44-12-220. Claims for property paid or delivered to commissioner; procedure; destruction of records after seven years.
• 44-12-221. Appeal of commissioner's decision.
• 44-12-222. Determination of claim; hearing.
• 44-12-223. Effect of periods of limitation.
• 44-12-224. Agreement and fees for recovery or assistance in recovery of property reported and delivered to commissioner.
• 44-12-225. Confidentiality of information or records required by this article.
• 44-12-226. Expiration of limitation specified by contract, statute, or court order not to affect duties required by this article.
• 44-12-227. Penalties.
• 44-12-228. Maintenance and retention of records.
• 44-12-229. Commissioner may compel filing of report and may examine records; failure to maintain records.
• 44-12-230. Employment of independent consultant.
• 44-12-231. Enforcement of article; properties not paid over on a timely basis.
• 44-12-232. Article does not relieve holder of duty that arose before July 1, 1990.
• 44-12-233. Receipt of securities under this article.
• 44-12-234. Property in foreign country or arising out of foreign transaction.
• 44-12-235. Rules and regulations.
• 44-12-236. Alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; definitions; procedures.
• 44-12-236.1. Donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes.
• 44-12-237. Unclaimed United States Savings Bond.
• 44-12-238. Claim for United States savings bonds escheated to state.

Article 6 Falling Pecans.

• 44-12-240. Definitions.
• 44-12-241. Pecans falling on public right of way - Ownership during harvest season; picking pecans from tree limbs without permission; penalty.
• 44-12-242. Pecans falling on public right of way - Removal out of harvest season.
• 44-12-243. Effect of article on maintenance of public rights of way; harvest on limited access highways.

Article 7 Protection of American Indian Human Remains and Burial Objects.

Part 1 AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS.

• 44-12-260. Definitions.
• 44-12-261. Inventory of American Indian human remains or burial objects in possession of museum; additional documentation upon request of American Indian tribe; construction of part; extension of time to complete inventory and identification; notification of affected tribes.
• 44-12-262. Return of human remains and burial objects upon request of known lineal descendant or tribe; immunity of museum for returns made in good faith; private collections of artifacts not containing burial objects.
• 44-12-263. Monitoring and review of inventory, identification, and repatriation activities.
• 44-12-264. Penalties for violation of Code Sections 44-12-261 and 44-12-262.

Part 2 COUNCIL ON AMERICAN INDIAN CONCERNS.

• 44-12-280. Council on American Indian Concerns created; membership; assignment for administrative purposes; terms of office; removal for failure to attend meetings.
• 44-12-281. Compensation and expenses.
• 44-12-282. Chairperson; meetings; quorum.
• 44-12-283. Powers and duties of council.
• 44-12-283.1. Additional powers of council.
• 44-12-283.2. Council authorized to promulgate rules and regulations; notification requirement.
• 44-12-284. Delegation of duties; professional, technical, and clerical personnel.
• 44-12-285. Annual report.

Part 3 LEGITIMATE AMERICAN INDIAN TRIBES.

• 44-12-300. Tribes, bands, groups, or communities recognized by state as legitimate American Indian Tribes.

Article 8 Die, Molds, Forms, and Patterns.

Part 1 IN GENERAL.

• 44-12-310. Definitions.
• 44-12-311. Rights and title; transfer to molder.

Part 2 MOLDERS' LIENS.

• 44-12-320. Lien created; notice; enforcement; public auction authorized.
• 44-12-321. Notice before sale of property; violation of certain rights prohibited.
• 44-12-322. Effect of part on other laws of this state.

Chapter 13. Exemptions from Levy and Sale, 44-13-1 through 44-13-120.

Article 1 Constitutional Exemptions.

Part 1 IN GENERAL.

• 44-13-1. Amount of exemption; who may claim exemption; what charges enforceable.
• 44-13-1.1. "Dependent" defined.
• 44-13-2. Application for exemption by spouse, minor children or representative of dependents upon debtor's refusal to apply.
• 44-13-3. Supplementation of exemption.
• 44-13-4. Application for exemptions; to whom made; contents; schedule of property and list of creditors; effect of failure to comply; survey.
• 44-13-5. Survey of lands in different county.
• 44-13-6. Duty to provide full schedule of property; effect of fraudulent omissions.
• 44-13-7. Publication of notice of application; form.
• 44-13-8. Written notice to creditors; how given.
• 44-13-9. Time fixed by notice for hearing.
• 44-13-10. Survey of exempted real property; affidavit of surveyor; return to probate court; objection to survey; failure of surveyor to comply as contempt.
• 44-13-11. Approval of application; transmittal of copy of exempted real property to other counties; recordation.
• 44-13-12. Objections to schedule.
• 44-13-13. Appointment of appraisers upon filing of objections; examination and valuation of property; alterations in plat and schedule; approval and recordation; appeal.
• 44-13-14. Procedure for exempting town realty valued in excess of exemption; order of probate court; reinvestment of sale proceeds; liability of judge or officer.
• 44-13-15. How cash exempted; investment in personalty.
• 44-13-16. Sale of exempted property for reinvestment; procedure; effect.
• 44-13-17. Sale for reinvestment when application made for debtor's children or dependents or by divorced spouse.
• 44-13-18. Disposition of rents and profits arising from exempted property.
• 44-13-19. Costs of proceedings.
• 44-13-20. Reversion of property set apart for spouse, children, or dependents.
• 44-13-21. Effect of article on other exemptions.

Part 2 WAIVER OF EXEMPTIONS.

• 44-13-40. Right of debtor to waive exemption.
• 44-13-41. Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor.
• 44-13-42. Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee.
• 44-13-43. Spouse or dependent claiming exemption for debtor may not claim own exemption.

Part 3 Levy on and Sale of Exempted Real

Property. Part 4

• 44-13-60. Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor's counteraffidavit.
• 44-13-61. When and how issue tried.
• 44-13-62. Findings upon the trial; effect.
• 44-13-63. Levy or sale of exempted real property as trespass; persons entitled to recovery.

Sale of Excess Property by Receiver.

• 44-13-80. Appointment of receiver to sell excess realty.
• 44-13-81. Delivery of excess personalty to receiver for disposition.
• 44-13-82. Sale of realty and distribution of proceeds; priorities.
• 44-13-83. Procedure for sale of personalty.
• 44-13-84. Only one receiver authorized.
• 44-13-85. Cancellation of sale upon failure of any creditor to appear and file claim.
• 44-13-86. Bond required of receiver; power of superior court over receiver; settling of conflicts; disposition of excess.
• 44-13-87. Right of applicant to select exempt property.

Article 2 Statutory Exemptions.

• 44-13-100. Exemptions for purposes of bankruptcy and intestate insolvent estates.
• 44-13-101. Method of obtaining exemption.
• 44-13-102. Survey and plat of exempted land; return to probate court; recordation.
• 44-13-103. Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey.
• 44-13-104. Town property worth more than $500.00; sale and reinvestment.
• 44-13-105. Sale of property subject to encumbrance of homestead.
• 44-13-106. Use of exempted property.
• 44-13-107. Exempted property subject to levy and sale for purchase money and taxes.
• 44-13-108. Levy or sale of exempt property as trespass; cause of action.

Article 3 Domesticated Judgment.

• 44-13-120. Rights of Georgia residents.

Chapter 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

Article 1 In General.

• 44-14-1. Operation of "open-end" clauses; limited to ex contractu obligations between parties.
• 44-14-2. What advances secured by mortgage or conveyance to secure debt; effect of recorded transfer of property subject to "open-end" clause; notice of transfer.
• 44-14-3. Furnishing of cancellation by grantee or holder upon payment; liability for failure to comply; cancellation of instrument after failure to comply; liability of agents.
• 44-14-4. Procedure for recording cancellation of mortgage.
• 44-14-5. Practices prohibited in connection with certain residential real estate transactions.
• 44-14-6. Wrongful sale or removal of mortgaged property; penalty.
• 44-14-7. Selling or disposing of motor vehicle securing bill of sale with intent to defraud; penalty.
• 44-14-8. Removal or other disposal of encumbered property in order to hinder levy; penalty; venue.
• 44-14-9. Aiding and abetting removal or other disposal; venue; conviction not dependent upon principal's conviction.
• 44-14-10. Search for property where defendant has no permanent abode; venue of prosecution.
• 44-14-11. Entry of nulla bona; shifting of burden of proof.
• 44-14-12. Deceiving as to existence of lien; making second deed of conveyance; penalty.
• 44-14-13. Disbursement of settlement proceeds; delivery of loan funds to settlement agent by lender; damages.
• 44-14-14. Vacant and foreclosed real property registries; definitions; fees and penalties for registration.
• 44-14-15. Fee for a future conveyance; limited circumstances.

Article 2 Mortgages.

• 44-14-30. Mortgage as security only; effect on title.
• 44-14-31. Form and contents of mortgage.
• 44-14-32. Use of parol evidence to prove apparent deed a mortgage.
• 44-14-33. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice.
• 44-14-34. Signing of mortgages executed outside state.
• 44-14-35. Recording of mortgages on realty; effect of renewed mortgage as lien absent recordation.
• 44-14-35.1. Property covered by mortgage or bill of sale to secure debt; mortgage or bill given to secure bond issue.
• 44-14-36. Registry of mortgages on property of railroads and other utilities.
• 44-14-37. Effect of failure to record [Repealed].
• 44-14-38. Admission of mortgages into evidence [Repealed].
• 44-14-39. Effect of defective record as notice.
• 44-14-40. Probate of mortgages.
• 44-14-41. Tacking of mortgages.
• 44-14-42. Mortgages to sureties and guarantors.
• 44-14-42.1. Redemption of property by mortgagor.
• 44-14-43. Foreclosure of mortgage after note barred by limitations.
• 44-14-44. Sale of mortgaged land under other process; claiming proceeds of sale.
• 44-14-45. Forthcoming bond by purchaser of mortgaged personalty; affidavit of mortgagee.
• 44-14-46. When mortgage fi. fa. may claim proceeds of sale.
• 44-14-47. Sale of mortgaged property without foreclosure and claim by mortgagee.
• 44-14-48. Foreclosure by one of several mortgagees; control and distribution of proceeds by court.
• 44-14-49. Right of holder of mortgage to foreclose in equity.

Article 3 Conveyances to Secure Debt

and Bills of Sale. Part 1

• 44-14-60. Deed to secure debt as absolute deed; necessity of bond of title or to reconvey.
• 44-14-61. Signing of deeds to secure debt and bills of sale - Generally.
• 44-14-62. Signing of deeds to secure debt and bills of sale - Out-of-state deeds to secure debt and bills of sale.
• 44-14-63. Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record.
• 44-14-64. Transfers of deeds to secure debt; execution; partial transfers; transfers by certain financial institutions; requirements for recording; payoff balance.
• 44-14-65. Fees for transfer of real property covered by deed to secure debt [Repealed].
• 44-14-66. Effect of liens against grantee on grantor's right to reconvey; effect of reconveyance in event of grantor's prior death.
• 44-14-67. Cancellation of deed as reconveyance of title.

Part 2 REVERSION.

• 44-14-80. Reversion of realty to grantor; renewals and affidavits; effect; fees; construction of Code section.
• 44-14-81. When power of sale barred.
• 44-14-82. When action to recover barred.
• 44-14-83. Actions to foreclose and exercise of powers of sale after reversion.
• 44-14-84. Effect of grantor relinquishing possession in settlement of debt.
• 44-14-85. Withdrawal of foreclosure proceedings after acceleration of maturity of indebtedness; effect on running of statute of limitations; rescission of acceleration.

Article 4 Security Agreements Relating

to Crops. Article 5

• 44-14-100. Tree growing and fruit producing as agricultural pursuits; gum producers as farmers.
• 44-14-101. Crops as personalty.

Trust Deeds. Article 6

• 44-14-120. Enforcement of rights; petition; order.
• 44-14-121. Defense by maker; when and how made; affidavit.
• 44-14-122. Action against maker's personal representative.
• 44-14-123. Trial of issues.
• 44-14-124. Judgment; lien thereof; levy and sale of the land.
• 44-14-125. Disposition of proceeds of sale; surplus.
• 44-14-126. Debt due in installments; treatment of surplus.

Expiration and Extension of Instruments Affecting

Personalty. Article 7

• 44-14-140. Expiration of notice effected by recording of mortgage or other security instrument on personality.
• 44-14-141. Extension of time period; affidavit.
• 44-14-142. Recording of affidavit; indexing; fee.
• 44-14-143. Limitations on instruments filed before March 31, 1937.
• 44-14-144. Exclusion of public utility corporations from coverage of Code Sections 44-14-140 through 44-14-143.

Foreclosure. Part 1

• 44-14-160. Filing of foreclosure and deed under power; penalty for late payment.
• 44-14-161. Sales made on foreclosure under power of sale - When deficiency judgment allowed; confirmation and approval; notice and hearing; resale.
• 44-14-162. Sales made on foreclosure under power of sale - Manner of advertisement and conduct necessary for validity; filing.
• 44-14-162.1. Sales made on foreclosure under power of sale - Mailing of notice to debtor - "Debtor" defined.
• 44-14-162.2. Sales made on foreclosure under power of sale - Mailing or delivery of notice to debtor - Procedure.
• 44-14-162.3. Sales made on foreclosure under power of sale - Waiver or release of notice requirement.
• 44-14-162.4. Sales made on foreclosure under power of sale - Recitals in deeds as to meeting of notice requirement.
• 44-14-163. Vacation of certain judgments prior to sale - Jurisdiction, power, and authority.
• 44-14-164. Vacation of certain judgments prior to sale - Cancellation of execution; invalidation of deed made for purpose of levy and sale; notation on record.
• 44-14-165. Vacation of certain judgments prior to sale - Effect.

Part 2 FORECLOSURE ON MORTGAGES.

• 44-14-180. Manner of foreclosing; petition; rule; venue.
• 44-14-181. Proceedings by personal representative when mortgagee deceased.
• 44-14-182. Foreclosure by transferee.
• 44-14-183. Proceedings against personal representative when mortgagor deceased.
• 44-14-184. Defense against foreclosure; verification.
• 44-14-185. Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment.
• 44-14-186. Jury trial.
• 44-14-187. Judgment; sale of mortgaged property.
• 44-14-188. Effect of judgment on one purchasing during pendency of proceedings.
• 44-14-189. Rights of purchaser at void or irregular sale.
• 44-14-190. Disposition of proceeds.
• 44-14-191. Treatment of proceeds of sale when debt due in installments.

Part 3 Foreclosure of Deeds to Secure

Debt, Purchase Contracts, and Bonds for Title.

• 44-14-210. Execution and recordation of quitclaim deed following judgment; levy and sale; disposition of proceeds; notice.
• 44-14-211. Attachment against grantor in deed to realty to secure debt; execution and recordation of quitclaim, levy, and deed following judgment; sale; disposition of proceeds.

Part 4 FORECLOSURES ON PERSONALTY.

Subpart 1 In General.

• 44-14-230. Authority to foreclose; execution; sale.
• 44-14-231. Petition for writ of possession; affidavit.
• 44-14-232. Summons; service on defendant; debtor's duty to notify creditor of address changes; form.
• 44-14-233. Answer; reopening the default; granting writ upon default; trial; order to turn over property to sheriff or other.
• 44-14-234. Payment into court; issuance of writ; possession and disposition of property pending resolution; disposition of payments.
• 44-14-235. Appeals; possession pending appeal.
• 44-14-236. Execution and levy; retention by plaintiff; sale.
• 44-14-237. Transfer, movement, or conveyance of property by defendant after posting of bond.
• 44-14-238. Foreclosure when debts due in installments; treatment of surplus.
• 44-14-239. Foreclosure before debt due - Grounds; affidavit.
• 44-14-240. Foreclosure before debt due - Levy and sale; disposition of proceeds.
• 44-14-241. Foreclosure before debt due - Affidavit of illegality; bond; trial of issue.

Subpart 2 Foreclosures Arising out of

Commercial Transactions. Subpart 3

• 44-14-260. Definitions.
• 44-14-261. Petition for immediate writ of possession; verification; exemption of consumer transactions.
• 44-14-262. Grounds for immediate writ of possession.
• 44-14-263. Bond or waiver required.
• 44-14-264. Issuance of writ; procedure when showing insufficient.
• 44-14-265. Service of notice to defendant.
• 44-14-266. Execution and levy.
• 44-14-267. Time for filing defenses.
• 44-14-268. Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ.
• 44-14-269. Default judgment.

Foreclosures on Bills of Sale or Contracts Retaining Title.

• 44-14-280. Manner of foreclosure.
• 44-14-281. Proceedings after foreclosure; defenses.
• 44-14-282. Levy and sale following execution and recording of bill of sale to defendant; priorities; disposition of proceeds.

Subpart 4 Foreclosures in Magistrate Court.

• 44-14-300. Amount of mortgage; filing of affidavit; execution.
• 44-14-301. Notice to mortgagor.
• 44-14-302. Levy and sale of property; advertisement.
• 44-14-303. Defenses by mortgagor; hearing in magistrate's court.

Article 8 Liens.

Part 1 IN GENERAL.

• 44-14-320. Certain liens established; removal of nonconforming liens.
• 44-14-321. Lien of judgment on debt given for purchase money; priority.
• 44-14-322. Vendor's equitable lien abolished.
• 44-14-323. Rank of liens according to date.
• 44-14-324. Assignment of liens; rights of assignee.
• 44-14-325. Transfers and assignments of evidences of indebtedness secured by lien - How made.
• 44-14-326. Transfers and assignments of evidences of indebtedness secured by lien - Effect as transfer of lien.

Part 2 LANDLORDS.

• 44-14-340. Lien for farming supplies, equipment and other items furnished tenant; operation of law or special contract; enforcement; duty to inform; priorities.
• 44-14-341. Special lien on tenant's crops; priorities; general lien on tenant's property.
• 44-14-342. Priority and date of general liens; date of special liens for rent; enforcement of liens.
• 44-14-343. Enforcement of special lien for rent by distress warrant.
• 44-14-344. Special lien for rent in favor of transferee of rent contract - When lien arises.
• 44-14-345. Special lien for rent in favor of transferee of rent contract - Foreclosure by transferee.
• 44-14-346. Giving false information as to liens; penalty.
• 44-14-347. Unlawful purchase of corn or cotton from tenant or laborer after notice of disability to sell; penalty.
• 44-14-348. Unlawful sale of farm products on which lien exists; penalty.
• 44-14-349. Priority of liens affecting manufactured and mobile homes.

Part 3 MECHANICS AND MATERIALMEN.

• 44-14-360. Definitions.
• 44-14-361. Creation of liens; property to which lien attaches; items to be included in lien.
• 44-14-361.1. How liens declared and created; amendment; record; commencement of action; notice; priorities; parties; limitation on aggregate amount of liens.
• 44-14-361.2. Dissolution of lien.
• 44-14-361.3. Preliminary notice of lien; form; notice to contractor; filing; necessity of preliminary notice.
• 44-14-361.4. Cancellation or expiration of preliminary notice; demand for filing of claim of lien.
• 44-14-361.5. Liens of persons without privity of contract.
• 44-14-362. Cancellation of preliminary notice upon final payment; form of cancellation.
• 44-14-363. Special liens on personalty; notice; enforcement; priorities; maximum claims for storage; recordation.
• 44-14-364. Release of lien on approval of bond; amount; real property bonds; schedule, affidavit, and recordation; superior court clerk held harmless for good faith discretionary acts in connection with bond approval.
• 44-14-365. Rights as to liens of partnerships, corporations, and associations made up of or employing registered architects, foresters, land surveyors, or professional engineers.
• 44-14-366. Waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void; interim waiver and release upon payment; unconditional waiver and release upon final payment; affidavit of nonpayment.
• 44-14-367. Notice; required statement.
• 44-14-368. Notice of contest of lien.
• 44-14-369. Computation of certain time periods.

Part 4 LABORERS.

• 44-14-380. General lien; priorities.
• 44-14-381. Special lien; priorities.
• 44-14-382. When laborers' liens arise; priority of conflicting liens.

Part 5 Pawnbrokers, Factors, Bailees,

Acceptors, and Depositories. Part 6

• 44-14-400. Liens of pawnbrokers, factors, bailees, and acceptors; priorities.
• 44-14-401. Depositories' liens; loss of liens under this Code section and Code Section 44-14-400; priorities.
• 44-14-402. Liens of depositories for hire.
• 44-14-403. Lien of pawnbroker; action for interference; grace period on pawn transactions; extension or continuation of maturity date; redemption of goods after maturity date.
• 44-14-404. Factor's lien; extent; attachment to proceeds.
• 44-14-405. Satisfaction of factors' and acceptors' liens.
• 44-14-406. Livery stable keepers - Lien by retaining possession; priorities.
• 44-14-407. Livery stable keepers - Lien by describing and recording amount due; when and how recorded; enforcement.
• 44-14-408. Satisfaction of liens of pawnbrokers and livery stable keepers.
• 44-14-409. Special lien of bailee for hire of labor and service; effect of delivery of a part.
• 44-14-410. Depositories of involuntary, gratuitous, or naked deposits - Lien; authorization to open containers; notice to owner.
• 44-14-411. Depositories of involuntary, gratuitous, or naked deposits - Sale of property at public auction; notice.
• 44-14-411.1. Depositories of involuntary, gratuitous, or naked deposits - Repossessor of motor vehicle as involuntary, gratuitous, or naked depository of personal property found therein; disposition of personal property.
• 44-14-412. Depositories of involuntary, gratuitous, or naked deposits - Disposition of proceeds of sale; one-year limitation for claims of owner.

• 44-14-430. Lien for repairs; sale after one year.
• 44-14-431. Publication and mailing of notice.
• 44-14-432. Sale at public auction before courthouse.
• 44-14-433. Disposition of proceeds of sale; one-year limitation for claims of owner; disposition of residue.
• 44-14-434. Display of sign as to intention to sell.

Part 7 LAUNDRIES, CLEANERS, AND TAILORS.

• 44-14-450. Creation of lien.
• 44-14-451. Enforcement of lien; retention of possession; attachment to articles acquired after delivery made.
• 44-14-452. Priority; method of foreclosure.
• 44-14-453. Sale of goods after 90 days; sale of goods within 120 days where notice provided.
• 44-14-454. Notice of sale.
• 44-14-455. Disposition of proceeds of sale.
• 44-14-456. Cumulative remedies for satisfaction.

Part 7A REPAIR OF EQUIPMENT.

• 44-14-460. Creation of lien.
• 44-14-461. Right to retain possession; forfeiture of lien.
• 44-14-462. Priority; foreclosure.
• 44-14-463. Sale of goods after 60 days.
• 44-14-464. Notice of sale.
• 44-14-465. Disposition of proceeds of sale.
• 44-14-466. Cumulative remedies for satisfaction.

Part 8 HOSPITALS AND NURSING HOMES.

• 44-14-470. Lien on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action.
• 44-14-471. Filing of verified statement; contents; notice.
• 44-14-472. Duties of clerk; lien book; fee.
• 44-14-473. Effect of covenant not to bring an action; action to enforce lien; limitation; affidavit of payment.
• 44-14-474. Exemptions from part.
• 44-14-475. Effect of part on settlement before entry into hospital, nursing home, or traumatic burn care medical facility.
• 44-14-476. No independent right of action.
• 44-14-477. False swearing in affidavits under Code Section 44-14-473.

Part 9 VETERINARIANS AND BOARDERS OF ANIMALS.

• 44-14-490. Lien for treatment, board, or care of animal; right to retain possession.
• 44-14-491. Notice to owner; sale or disposal of animal; liability.
• 44-14-492. Disposition of sale proceeds.
• 44-14-493. Necessity of other legal proceedings.
• 44-14-494. Criminal liability under Code Section 44-14-491.

Part 10 MISCELLANEOUS LIENS.

• 44-14-510. Lien of officers and employees on watercraft; priorities.
• 44-14-511. Liens on offspring of stallions, jacks, bulls or boars; necessity of recordation; recording fee; priorities.
• 44-14-512. Lien for hauling lumber, stocks, or logs.
• 44-14-513. Liens in favor of planing mills and similiar establishments.
• 44-14-514. Liens of laborers at mills and similar establishments.
• 44-14-515. Liens for articles furnished to sawmills; priorities.
• 44-14-516. Liens on merchandise because of bad checks or stop payment orders.
• 44-14-517. Filing liens imposed under federal Superfund Amendments and Reauthorization Act of 1986.
• 44-14-518. Liens on aircraft or aircraft engines for labor and materials and for contracts of indemnity.

Part 11 FORECLOSURE OF LIENS ON REALTY.

• 44-14-530. Manner of foreclosure; attachment of lien; proceeds of judicial sale; trial of claim; damages; effect of delivery of possessions.
• 44-14-531. Right of transferee to foreclose.

Part 12 FORECLOSURE OF LIENS ON PERSONALTY.

• 44-14-550. Manner of foreclosure; demand; forfeiture of lien; affidavit; notice; petition for and conduct of probable cause hearing; possession; bond; petition for full hearing; authorization of foreclosure; damages; limitation.
• 44-14-551. Judgment on replevy bonds.

Part 13 Registration of Liens for

Federal Taxes. Part 14

• 44-14-570. Purpose.
• 44-14-571. Filing of federal tax liens on realty and personalty.
• 44-14-572. When notices and certificates affecting tax liens entitled to be filed; certification by secretary of treasury.
• 44-14-573. Filing of federal tax lien, notice or revocation of certificate, or certificate of discharge.
• 44-14-574. Fees; billing procedure.

• 44-14-590. Recording of bankruptcy petition, decree, or order; fees.
• 44-14-591. Effect of failure to record petition, decree, or order as to bona fide purchaser or lienor of real property.

Part 15 COMMERCIAL REAL ESTATE BROKER LIENS.

• 44-14-600. Short title.
• 44-14-601. Definitions.
• 44-14-602. Lien on commercial real estate for broker's compensation.
• 44-14-603. Priority of liens.
• 44-14-604. Escrow to release claim for lien that would prevent closing of transaction or conveyance.
• 44-14-605. Release or satisfaction of lien on occurrence of condition precluding broker from receiving compensation; suit to enforce lien; when lien invalid; when right to file and record lien dissolved.

Article 9 Lis Pendens.

• 44-14-610. Necessity of recordation for operation of lis pendens as to real property.
• 44-14-611. Lis pendens docket; indexing; recording fees.
• 44-14-612. Entry of dismissal, settlement, or final judgment.
• 44-14-613. Effect of article on other laws.

Subpart 1 In General

Subpart 2 Foreclosures Arising out of Commercial Transactions

Subpart 3 Foreclosures on Bills of Sale or Contracts Retaining Title

Subpart 4 Foreclosures in Magistrate Court

Chapter 15. Uniform Prudent Management of Institutional Funds, 44-15-1 through 44-15-8.

• 44-15-1. Short title.
• 44-15-2. Definitions.
• 44-15-3. Considerations and standard of conduct for institutions receiving gifts.
• 44-15-4. Management of institutional funds for endowment.
• 44-15-5. Delegation of management of funds.
• 44-15-6. Modification of restrictions.
• 44-15-7. Compliance with provisions; effective date.
• 44-15-8. Uniformity with law of other states.

Chapter 16. Uniform Environmental Covenants, 44-16-1 through 44-16-14.

• 44-16-1. Short title.
• 44-16-2. Definitions.
• 44-16-3. Holders of environmental covenants; rights of agency; rules.
• 44-16-4. Requirements for environmental covenant.
• 44-16-5. Enforcement of environmental convenant.
• 44-16-6. Environmental covenant restrictions.
• 44-16-7. Validation of environmental covenant.
• 44-16-8. Recording of amendments or termination of environmental convenant.
• 44-16-9. Limitation of environmental covenant.
• 44-16-10. Amendment or termination; interest in environmental covenant not affected by amendment; role of court.
• 44-16-11. Liability for violation and enforcement of environmental covenant.
• 44-16-12. Maintenance of registry.
• 44-16-13. Rules and regulations; fees.
• 44-16-14. Electronic signatures and delivery.