The grantor's right to a reconveyance of the property upon complying with the contract shall not be affected by any liens, encumbrances, or rights which would otherwise attach to the property by virtue of the title being in the grantee; but the right of the grantor to a reconveyance shall be absolute and permanent upon his complying with his contract with the grantee according to the terms. In the event of the prior death of the grantor, such a reconveyance shall be valid and effective to vest title in the heirs, personal representatives, or successors in title of the deceased grantor as their interests may appear.
(Ga. L. 1871-72, p. 44, § 2; Code 1873, § 1971; Code 1882, § 1971; Civil Code 1895, § 2775; Civil Code 1910, § 3310; Code 1933, § 67-1307; Ga. L. 1970, p. 176, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Ownership for annexation purposes.
- The intent of the General Assembly in referring to "the record title holder of the fee simple title" in former O.C.G.A. § 36-36-22(d) was to give the grantor of a security deed the right to decide upon the question of annexation; thus, in determining ownership of land for the purpose of determining the eligibility of a landowner to sign an application for annexation to a municipality, it should be done without regard to whether such land is encumbered by an outstanding deed to secure debt. 1967 Op. Att'y Gen. No. 67-16.