§ 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. […]
§ 44-2-41. Definitions
As used in this article, the term: “Clerk” means the clerk of the superior court of the county where the land is located and includes his lawful deputies and any person lawfully acting as clerk under the general laws or under this article. “Court” means the superior court of the county where the land is […]
§ 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 […]
§ 44-2-42. Performance of Clerk’s and Sheriff’s Duties by Deputies; Liability
The duties required of the clerk and the sheriff by this article may be performed through their lawful deputies; but the clerk or the sheriff, as the case may be, shall be responsible for the acts of such deputies. History. Ga. L. 1917, p. 108, § 83; Code 1933, § 60-415; Ga. L. 1982, p. […]
§ 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 […]
§ 44-2-43. Fraud, Forgery, and Theft in Connection With Registration of Title to Land; Penalty
Any person who: (1) fraudulently obtains or attempts to obtain a decree of registration of title to any land or interest therein; (2) knowingly offers in evidence any forged or fraudulent document in the course of any proceedings with regard to registered lands or any interest therein; (3) makes or utters any forged instrument of […]
§ 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 […]
§ 44-2-44. Fraudulent Acts by Office of Clerk Personnel; Penalties
Any clerk, deputy clerk, special clerk, or other person performing the duties of the office of clerk who: (1) fraudulently enters a decree of registration without authority of the court; (2) fraudulently registers any title; (3) fraudulently makes any notation or entry upon the title register; (4) fraudulently issues any certificate of title, creditor’s certificate, […]
§ 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 […]