§ 44-2-22. Legal Effect of Good Record Title for 40 Years
A prima-facie case shall be made out in actions respecting title to land upon showing good record title for a period of 40 years, and it shall not be necessary under such circumstances to prove title to the original grant from the state. History. Ga. L. 1953, Jan.-Feb. Sess., p. 63, § 1. Law reviews. […]
§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant
Where an affidavit of forgery has been filed to the plaintiff’s deed, and the deed has been turned over to the defendant or his counsel in order to procure evidence upon the issue of forgery, and such deed is destroyed or lost by the defendant or his counsel or for any cause is not returned […]
§ 44-2-25. Recording Techniques; Copies of Plats
All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of superior court in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a copy or copies of any plats, blueprints, or other copies of plats that […]
§ 44-2-26. Recording of Plat or Copy of Plat — When and Where Authorized; Duty of Clerk
The owner of real property or of any interest therein or any holder of a lien thereon may file a plat of the property in the office of the clerk of superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to […]
§ 44-2-27. Recording of Plat — When Deemed Recorded
When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat. History. Ga. L. 1937, p. 746, § 2; Ga. L. 2016, p. 193, § 6/HB 1004. The 2016 amendment, effective January 1, 2017, substituted the present provisions of this Code section for the former […]
§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference
When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which […]
§ 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
Any plats or any blueprints, tracings, photostatic copies, or other copies of plats recorded prior to March 29, 1937, in the manner described in Code Section 44-2-26 are declared to have been duly recorded; and the reference in any deed, mortgage, or other instrument executed prior to March 29, 1937, to the boundaries, metes, courses, […]
§ 44-2-30. Filing and Recording of Notice of Settlement
Any party, or his or her legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated a “notice of settlement” with the […]
§ 44-2-5. Recording Execution and Deed After Sheriff’s Sale
A purchaser at a sheriff’s sale may have the execution under which the property was sold recorded with his or her deed together with all the entries on the execution. History. Laws 1845, Cobb’s 1851 Digest, p. 179; Code 1863, § 2671; Code 1868, § 2667; Code 1873, § 2709; Code 1882, § 2709; Civil […]
§ 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
To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before: A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact; A judge of a court of record in the state or […]