Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one […]
A deed to personalty needs no attesting witness to make it valid; in other respects, the principles applicable to deeds to lands are applicable to deeds to personalty. However, generally a deed is not necessary to convey title to personalty. History. Orig. Code 1863, § 2655; Code 1868, § 2654; Code 1873, § 2696; Code […]
Every bond for title, bond to reconvey realty, contract to sell or to convey realty or any interest therein and every transfer or assignment of any of such instruments shall, except as between the parties thereto, be executed with the same formality as is required for the execution of deeds conveying realty. History. Ga. L. […]
No prescribed form is essential to the validity of a deed to lands or personalty. If the deed is sufficient in itself to make known the transaction between the parties, no want of form will invalidate it. History. Laws 1768, Cobb’s 1851 Digest, p. 163; Laws 1785, Cobb’s 1851 Digest, p. 164; Code 1863, § […]
If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect. History. Orig. Code 1863, § 2656; Code 1868, § 2655; Code 1873, § 2697; Code 1882, § 2697; Civil Code 1895, § 3607; […]
In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or the entire body, a deficiency in the quantity sold cannot be apportioned. If the sale is by a quantity of acres with the […]
If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price. History. Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, […]
The principles of Code Sections 53-2-112 through 53-2-114 relating to elections shall also apply to deeds. History. Orig. Code 1863, § 3096; Code 1868, § 3108; Code 1873, § 3165; Code 1882, § 3165; Civil Code 1895, § 4016; Civil Code 1910, § 4613; Code 1933, § 37-505. Cross references. Equitable principles governing elections between […]
Recital in a deed that the purchase money has been received does not estop the maker from denying the fact and proving the contrary. History. Orig. Code 1863, § 2657; Code 1868, § 2656; Code 1873, § 2698; Code 1882, § 2698; Civil Code 1895, § 3608; Civil Code 1910, § 4188; Code 1933, § […]
When a grantee accepts a deed, he is bound by the covenants contained therein even though the deed has not been signed by him. History. Civil Code 1895, § 3600; Civil Code 1910, § 4180; Code 1933, § 29-102; Ga. L. 1967, p. 592, § 1. History of Code section. This Code section is derived […]
Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, […]
A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 10 of Chapter 11 of Title 15. If a minor has conveyed property or […]
A deed delivered to a third party, to be delivered on certain conditions to the grantee, is an escrow. Possession of that deed by the grantee is presumptive proof of a delivery, but that presumption may be rebutted. History. Orig. Code 1863, § 2652; Code 1868, § 2651; Code 1873, § 2693; Code 1882, § […]
A deed to lands which is made while the lands are held adversely to the maker of the deed is not void. History. Ga. L. 1859, p. 24, § 1; Code 1863, § 2654; Code 1868, § 2653; Code 1873, § 2695; Code 1882, § 2695; Civil Code 1895, § 3605; Civil Code 1910, § […]
The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to sell and convey the property treated in the deed. History. Orig. Code 1863, § 2658; Code 1868, § 2657; Code 1873, § 2699; Code 1882, § 2699; […]
If an original deed is lost, a copy may be established by the superior court of the county where the land is located; and when the copy is established, it shall have all the effect of the original. History. Laws 1785, Cobb’s 1851 Digest, p. 166; Laws 1799, Cobb’s 1851 Digest, p. 463; Code 1863, […]
Without an expressed stipulation to the contrary, a purchaser must pay the costs of the conveyance. History. Civil Code 1895, § 3528; Civil Code 1910, § 4108; Code 1933, § 29-115. History of Code section. This Code section is derived from the decision in French, Richards & Co. v. Robinson, 78 Ga. 701 , 3 […]
All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited […]
