Clerk's Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction

  1. Law
  2. Georgia Code
  3. Property
  4. Recordation and Registration of Deeds and Other Instruments
  5. Land Registration
  6. Registers and Registration
  7. Clerk's Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction

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  1. The clerk of the superior court shall determine whether any instrument, writing, record, or other matter is in proper shape for registration and shall correctly and legally make the registration, including all formal incidents thereto. The clerk shall be liable to any injured person for any failure of duty in this respect.
  2. All registrations of title and all entries and notations made by him upon the title register of transfers or of the cancellation or discharge of liens or encumbrances shall be prima facie conclusive. Unless a caveat shall be filed, as provided for in Code Section 44-2-134, seeking to set aside, modify, or otherwise affect such entry, notation, or registration, within 12 months from the date of the making of the same upon the title register, the same shall become absolutely conclusive upon all persons. This subsection shall be considered and construed as a statute of limitations against the questioning of the correctness of the clerk's action and shall be without exception on account of disabilities but shall not operate as a limitation in favor of the clerk regarding any action against him for wrongdoing or neglect of duty.
  3. In the event application is made to a clerk to have any transfer or other transaction registered or noted and he is in doubt as to whether the same should be registered, entered, or noted or is in doubt in regard to any detail thereof, either the clerk or any party at interest may petition the judge of the court for direction. After it has appeared that the parties at interest have had reasonable notice, the judge may proceed to hear the matter and to give directions and instructions to the clerk; and it shall be the duty of the clerk to follow the directions and instructions of the court.
  4. In all matters required of the clerk under this article, he shall be subject to the direction and orders of the court.

(Ga. L. 1917, p. 108, § 59; Code 1933, § 60-413.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 173.

C.J.S.

- 76 C.J.S., Registration of Land Titles, § 42.

ALR.

- Transferees entitled to protection under Torrens Act certificate of title, 42 A.L.R.2d 1387.


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