Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property’s owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and […]
The purchaser of lands obtains with the title, whether conveyed to him at public or private sale, all the rights which any former owner of the land under whom he claims may have had by virtue of any covenants of warranty of title, of quiet enjoyment, or of freedom from encumbrances contained in the conveyance […]
In a sale of land there is no implied warranty of title. History. Civil Code 1895, § 3613; Civil Code 1910, § 4193; Code 1933, § 29-302. History of Code section. This Code section is derived from the decisions in McDonald v. Beall, 55 Ga. 289 (1875) and McDonough & Co. v. Martin, 88 Ga. […]
A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. History. Orig. Code 1863, § 2662; Code 1868, § 2661; Code 1873, § 2703; Code 1882, § 2703; Civil Code 1895, § 3614; Civil Code 1910, § 4194; Code […]
In a deed, a general warranty of title against the claims of all persons covers defects in the title even if they are known to the purchaser at the time he takes the deed. History. Civil Code 1895, § 3615; Civil Code 1910, § 4195; Code 1933, § 29-304. History of Code section. This Code […]
In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defend. History. Civil Code 1895, § 3617; Civil […]
To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages. History. Orig. Code 1863, § 2666; Code 1868, § 2662; Code 1873, […]
Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale unless the jury determines, under the circumstances of the case, that the use of the premises was equal to the interest on the money and determines that […]
Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure of damages. However, if the vendee has bought up the outstanding title, only the actual damage sustained by him may be recovered. History. Orig. Code 1863, § […]
