§ 44-2-130. Cancellation of Decedent’s Certificate and Issuance of New Certificate to Personal Representative
Upon the grant of letters of administration or executorship by the probate court and upon presentation of a certified copy of the letters to the clerk of the superior court together with the presentation of the owner’s certificate, the clerk shall make a special entry on the certificate of title on the title register showing […]
§ 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
Where the owner of registered land dies intestate and there is no administration upon the estate within 12 months from the date of his death or in the event administration shall terminate without the land being disposed of, the heirs at law of the intestate or any one or more of the persons who claim […]
§ 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
Whenever an involuntary transfer is sought to be registered under this article and the owner’s certificate is not produced so that it can be attached to the order directing a transfer, the court shall have the power to issue a subpoena for the production of documentary evidence or any other process designed to compel the […]
§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner’s Certificate
Whenever an owner’s certificate of title is lost or destroyed, the owner or his personal representative may petition the court for the issuance of a duplicate. Notice of the petition shall be published once a week for four successive weeks in the newspaper in which the sheriff’s sales of the county are published; provided, however, […]
§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat
If any person at interest objects to any entry, registration, or notation made by the clerk upon the title register, he may, unless such entry, registration, or notation has become conclusive by lapse of time under Code Section 44-2-122, file with the clerk of the superior court a caveat setting forth the entry, notation, or […]
§ 44-2-135. Obtaining Notations in Title Register
In order to cause notations of judgments, liens, encumbrances, or special rights of any kind, other than voluntary transactions, claimed by any person against registered land to be made, the person desiring the notation shall, by himself, his agent, or his attorney, file, upon a form substantially in compliance with Code Sections 44-2-246 through 44-2-248, […]
§ 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
Voluntary cancellations may be made of any mortgage, certificate of indebtedness, or any lien, equity, encumbrance, lis pendens, or other similar matter relating to registered land or any interest therein and may be entered by the clerk upon the title register and the owner’s certificate. The entry, notation, or registry of such cancellation may be […]
§ 44-2-137. What Adverse Claims Affect Registered Land; Effect of Fraud or Forgery; Limitations on Actions to Set Aside
Except in cases of fraud or forgery to which he is a party or to which he is a privy without valuable consideration paid in good faith, every registered owner of any estate or interest in land brought under this article shall hold the land free from any and all adverse claims, rights, or encumbrances […]
§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence
Notwithstanding any other provision of this article, any injured party may bring an action against any person or officer through whose fraud or negligence he may have suffered any loss or damage arising out of any acts of omission or of commission of such person or officer in connection with the matters and things arising […]
§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land
Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession. History. Ga. L. 1917, p. 108, § 66; Code 1933, § 60-423; Ga. L. 1989, p. 563, § 2. Law reviews. For note on 1989 amendment to this Code section, […]