Partial Transfer of Registered Land; Undivided Interest; Interest in Particular Portion; Notations on Register; Issuance of Certificates

  1. Law
  2. Georgia Code
  3. Property
  4. Recordation and Registration of Deeds and Other Instruments
  5. Land Registration
  6. Conveyance, Transfer, and Descent
  7. Partial Transfer of Registered Land; Undivided Interest; Interest in Particular Portion; Notations on Register; Issuance of Certificates

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  1. Whenever a part of any registered land is to be transferred or conveyed, such transfer or conveyance shall be in a form substantially the same as that used for a total transfer; but it shall set forth particularly and specifically the portion of the land transferred, if it is an undivided interest, or, if it is a particular portion of the tract, it shall describe the portion accurately and definitely.
  2. In case an undivided interest is transferred, upon presentation of the transfer together with the owner's certificate of title, the clerk shall not cancel the owner's certificate so presented nor the certificate of title on the title register but shall enter a notation of the partial transfer on the certificate of title, on the title register, and on the owner's certificate; and the clerk shall also register upon the title register a certificate of title in the name of the grantee of the undivided portion of the estate so transferred and shall issue him a corresponding owner's certificate setting out the part or amount of land transferred, as the case may be.
  3. If the transfer is of a divided part of the land, the clerk shall first enter the fact of the transfer upon the certificate of title on the title register and shall cancel the certificate of title on the title register and the owner's certificate of title. Thereupon, he shall register separate new certificates of title on the title register, one in the name of the transferee for the portion of the tract conveyed to him and the other in the name of the transferor for the portion retained; and the clerk shall also issue separate new owners' certificates accordingly.
  4. The clerk shall note upon the title register and the owners' certificates the reference and cross-reference to the certificates referred to in subsections (b) and (c) of this Code section.

(Ga. L. 1917, p. 108, § 31; Code 1933, § 60-502.)


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