Filing Cases; Method of Filing Papers Relating to Registered Lands

  1. Law
  2. Georgia Code
  3. Property
  4. Recordation and Registration of Deeds and Other Instruments
  5. Land Registration
  6. Forms
  7. Filing Cases; Method of Filing Papers Relating to Registered Lands

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The county governing authority shall furnish the clerk with the necessary durable filing cases. He shall carefully number and file away all papers relating to and dealing with registered lands. All the papers relating to each registered title shall be filed together and separately from the papers relating to any other registered title, in such regular consecutive numerical arrangement as to make them easily accessible at all times.

(Ga. L. 1917, p. 108, § 119; Code 1933, § 60-634.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 67.

C.J.S.

- 76 C.J.S., Registers of Deeds, § 9 et seq.

CHAPTER 3 REGULATION OF SPECIALIZED LAND TRANSACTIONS Article 1 Georgia Land Sales Act.
  • 44-3-1. Short title.
  • 44-3-2. Definitions.
  • 44-3-3. Registration statement; accompanying documents; material changes; property report; lots or parcels subject to blanket encumbrances; records subject to inspection by purchaser; copy of property report to be given to prospective purchasers; sales contract; amendments to report.
  • 44-3-4. Exemptions from Code Section 44-3-3.
  • 44-3-4.1. Fees and expenses of commission [Repealed].
  • 44-3-5. Violations of article.
  • 44-3-6. Order prohibiting act, practice, or transaction in violation of article; injunctive relief.
  • 44-3-7. Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on Attorney General.
  • 44-3-8. Rights of buyer upon violation; persons liable for violations; limitation on actions; survival of actions; effect on statutory or common-law rights; exemption of advertisers from liability.
  • 44-3-8.1. Denial of application, reprimand, suspension, civil penalty, or revocation of registration [Repealed].
  • 44-3-9. Venue.
  • 44-3-10. Business records required.
  • 44-3-11. Certain waivers in contract void.
  • 44-3-12. Burden of proof of exemption.
  • 44-3-13. Application of prior law to actions, registrations, and orders prior to July 1, 1990.
  • 44-3-13.1 through 44-3-13.3 [Repealed].
  • 44-3-14. Business records required.
  • 44-3-15. Consent to service [Repealed].
  • 44-3-16. Certain waivers in contract void [Renumbered.]
  • 44-3-17. Immunity of commissioner and commission from liability and actions [Repealed].
  • 44-3-18. Burden of proof of exemption; effect of certificate of commission stating compliance or noncompliance with article; admissibility of copies of documents. [Renumbered.]
  • 44-3-19. Application of prior law to actions, registrations, and orders prior to July 1, 1990; application of Code Section 44-3-13 to review of orders not instituted by July 1, 1990. [Renumbered.]
  • 44-3-20 through 44-3-27 [Repealed].
Article 2 Sales of Subdivided Out-of-State Lands.
  • 44-3-40 through 44-3-54 [Repealed].
Article 3 Condominiums.
  • 44-3-70. Short title.
  • 44-3-71. Definitions.
  • 44-3-72. Creation of condominium.
  • 44-3-73. Sufficiency of descriptions of condominium units; description of undivided interest in common elements.
  • 44-3-74. Recording condominium instruments, plats, plans, and encumbrances.
  • 44-3-75. Construction and validity of condominium instruments; conflicts and inconsistencies; severability.
  • 44-3-76. Compliance with condominium instruments, rules, and regulations; means of enforcement.
  • 44-3-77. Contents of declaration.
  • 44-3-78. Allocation - Interests in common elements.
  • 44-3-79. Allocation - Votes in association; how votes cast; majority vote requirements.
  • 44-3-80. Allocation of and liability for common expenses; how assessments made.
  • 44-3-81. Reallocation of interests in common elements, votes, and liability for common expenses.
  • 44-3-82. Assignments and reassignments of limited common elements.
  • 44-3-83. Recording of plats and plans; contents; completion of structural improvements; certification by registered architect or engineer.
  • 44-3-84. Use of previously recorded plans in lieu of new plans.
  • 44-3-85. Liability for failure to follow plats or plans; easements; liability for damage.
  • 44-3-86. Leasehold condominiums; lessor's rights and powers; owner's rights and powers; liens; performance of covenants.
  • 44-3-87. Conversion condominiums; notice; offer to convey; time periods; rights of tenant.
  • 44-3-88. Conversion of convertible spaces; amendment to declaration effecting conversion; reallocation of sums assessed prior to conversion; treatment of convertible space not converted.
  • 44-3-89. Expansion of condominium; amendment to declaration; expansion of condominium after declarant's right to expand has expired.
  • 44-3-90. Alterations within units; combining two or more units.
  • 44-3-91. Relocation of boundaries between units; application for relocation; amendment to declaration; plans and plats; recording.
  • 44-3-92. Subdivision of units; application for subdivision; amendment to declaration; plans and plats; recordation.
  • 44-3-93. Amendment of condominium instruments.
  • 44-3-94. Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible.
  • 44-3-95. Effect of mortgages and liens; foreclosure; release.
  • 44-3-96. Separate titles and taxation.
  • 44-3-97. Eminent domain; compensation; reallocation of interests; court determination; amendment to declaration.
  • 44-3-98. Termination of condominium; creation of tenancy in common; distribution of assets; transfer of mortgages and liens.
  • 44-3-99. Withdrawal of submitted property; reallocation to remaining units of undivided interest in common elements; contents of amendment; transfer of mortgages and liens.
  • 44-3-100. Incorporation of association; name; articles and bylaws; membership; organization.
  • 44-3-101. Control of association by declarant; surrender of control to unit owners; liability for books and records; cancellation of leases and contracts.
  • 44-3-102. Meetings of the association; notice; reports.
  • 44-3-103. Quorums at meetings of association or board.
  • 44-3-104. Directors and officers; eligibility.
  • 44-3-105. Powers and duties as to upkeep of the condominium; access; liability for damage.
  • 44-3-106. Powers and responsibilities of association; tort actions.
  • 44-3-107. (For effective date, see note.) Insurance coverage.
  • 44-3-108. Common profits; application to expenses; surplus.
  • 44-3-109. Lien for assessments; personal obligation of unit owner; notice and foreclosure; lapse; right to statement of assessments; effect of failure to furnish statement.
  • 44-3-110. Restraints on alienation and rights of first refusal; statement of waiver or failure to exercise rights or restraints; effect of failure to furnish statement.
  • 44-3-111. Sales of residential condominium units for residential occupancy; information required to be furnished by seller; buyer's right to void contract; limitations period; attorney's fees; penalty for willful violation.
  • 44-3-112. Escrow of deposits or other payments made prior to closing.
  • 44-3-113. Applicability of this article; effect on existing condominiums.
  • 44-3-114. Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium.
  • 44-3-115. Construction of this article; substantial compliance; procedure for curing defects in recorded instruments.
  • 44-3-116. Limitations in certain restrictive covenants inapplicable.
  • 44-3-117. Application to subcondominiums; creation of subcondominium; subassociation; insurance; effect of certain liens; eminent domain; description of certain units; assessments.
Article 4 Cemeteries.
  • 44-3-130 through 44-3-152 [Repealed].
Article 5 Time-Share Projects and Programs. Part 1 GENERAL PROVISIONS.
  • 44-3-160. Short title.
  • 44-3-161. Purpose of article.
  • 44-3-162. Definitions.
  • 44-3-162.1. Time-share projects and programs; application of restrictive covenants; exceptions.
  • 44-3-163. Time-share estate title; recording transfer or encumbrance; taxation.
  • 44-3-164. Application of zoning and other local codes, ordinances, and regulations.
Part 2 ADMINISTRATION.
  • 44-3-165. Creation of time-share program; partition.
  • 44-3-166. Contents and recording of project and time-share instruments.
  • 44-3-167. Time-share estate program management and operation.
  • 44-3-168. Developer control period in time-share estate program.
  • 44-3-169. Identification of time-share project, time-share units, and time periods.
  • 44-3-170. Time-share use program management and operation.
  • 44-3-171. Sale of time-share intervals and programs organized prior to July 1, 1983.
Part 3 DEVELOPERS AND EXCHANGE COMPANIES.
  • 44-3-172. Contents of public offering statement.
  • 44-3-173. Annual reports filed by exchange companies and multilocation developers.
  • 44-3-174. Public offering statement provided to purchasers; cancellation of sales agreement by purchaser or developer; statement acknowledging receipt.
  • 44-3-175. Funds required to be escrowed by developer; exceptions; escrow agents.
  • 44-3-176. Payments received by developer on uncompleted projects to be escrowed.
  • 44-3-177. Exemption from other state laws requiring registration and public offering statements.
  • 44-3-178. Exceptions to public offering statement requirement under this article.
  • 44-3-179. Updating public offering statement required.
  • 44-3-180. Purchase of interval is free of liens affecting that interval; exceptions.
  • 44-3-181. Transfer of developer's entire interest.
  • 44-3-182. Financial and other records of time-share project association or managing agent.
  • 44-3-183. Remedy for violation of article; punitive damages; attorney's fees.
  • 44-3-184. Limitation of actions.
Part 4 ADVERTISING.
  • 44-3-185. False advertising prohibited.
  • 44-3-186. Statements or representations which are prohibited.
  • 44-3-187. Offer of gifts or prizes.
Part 5 FINANCING BY DEVELOPER.
  • 44-3-188. Developer's financial records; availability; periodic reports; transfer of developer's interest subject to debts.
  • 44-3-189. Protection of purchasers from developer's underlying blanket encumbrance.
Part 6 REGISTRATION.
  • 44-3-190. Real estate broker's license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals.
  • 44-3-191. Requirements for out-of-state projects, managing agents, and exchange programs.
  • 44-3-192. Exceptions from registration.
Part 7 MISCELLANEOUS.
  • 44-3-193. Modification of public offering statement; limitations on use of public offering statement.
  • 44-3-194. Records required to be kept by developer or agents.
  • 44-3-195. Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees.
  • 44-3-196. Application of article to time-share programs created prior to or following July 1, 1983.
  • 44-3-197. Exceptions from registration. [Renumbered.]
  • 44-3-198. Powers and duties of the commission [Repealed].
  • 44-3-199. Modification of public offering statement; limitations on use of public offering statement [Renumbered.]
  • 44-3-200. Records required to be kept by developer or agents.
  • 44-3-201. Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of registration; cease and desist order for failure to register [Repealed].
  • 44-3-202. Criminal penalty for violation of article. [Renumbered.]
  • 44-3-203 and 44-3-204 [Repealed].
  • 44-3-205. Application of article to time-share programs created prior to or following July 1, 1983. [Renumbered.]
Article 6 Property Owners' Associations.
  • 44-3-220. Short title.
  • 44-3-221. Definitions.
  • 44-3-222. Creation of property owners' development; affirmative election to be governed by article.
  • 44-3-223. Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance.
  • 44-3-224. Voting at association meetings.
  • 44-3-225. Assessment of expenses; exemption from liability; liability for unpaid assessments.
  • 44-3-226. (For effective date, see note.) Amendment of instrument; presumption of validity in court action.
  • 44-3-227. Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors.
  • 44-3-228. Presence of quorums at meetings.
  • 44-3-229. Persons deemed to be "lot owner."
  • 44-3-230. Frequency of meetings; notice.
  • 44-3-231. Powers and duties of association; legal actions against agent or employee of association.
  • 44-3-232. Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due.
  • 44-3-232.1. Right of and procedure for certain property owners to take control of association when declarant fails to meet certain obligations.
  • 44-3-233. Liberal construction of article; substantial compliance; curing of defects by amendment.
  • 44-3-234. Application of article.
  • 44-3-235. Applicability of article.
Article 7 Specialized Land Transactions.
  • 44-3-250. Itemized reporting of expenses by developers.
Cross references.

- Real estate brokers and salespersons, Ch. 40, T. 43.

Law reviews.

- For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987).

RESEARCH REFERENCES

ALR.

- Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property "as is" or in its existing condition, 8 A.L.R.5th 312.

ARTICLE 1 GEORGIA LAND SALES ACT

Cross references.

- Georgia Uniform Securities, Ch. 5, T. 10.

Editor's notes.

- Georgia Laws 1982, p. 1431, § 1, effective November 1, 1982, substituted this article for former Article 1 of this chapter, relating to sales in this state of subdivided lands, and for former Article 2 of this chapter, relating to sales of subdivided out-of-state lands.

Law reviews.

- For note on 1995 amendments of sections in this article, see 12 Ga. St. U.L. Rev. 321 (1995).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions rendered under prior law and under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638, are included in the annotations for this Code section.

Sale of interest in land is sale of real property.

- Contract for the sale and purchase of an interest in land is an agreement for the sale of real property. 1954-56 Op. Att'y Gen. p. 596. (decided under prior law).

Out-of-state developer.

- An out-of-state developer who had filed and received approval to sell or offer to sell lands located outside the State of Georgia to Georgia residents prior to July 1, 1973, and now wishes to file a consolidation of the same property or subdivision, would be required to file under and meet the requirements of former Arts. 1 and 2 of this chapter. 1973 Op. Att'y Gen. No. 73-157 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

Corporation meeting the licensing requirements of this article must also qualify to do business under T. 14. 1973 Op. Att'y Gen. No. 73-140 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

Unless exempted by § 14-2-1501. - Foreign corporation that is licensed under the Out of State Land Sales Act, G.L. 1971, p. 856, is not required to comply with the provisions of former Code 1933, § 22-1401(a) (see now O.C.G.A § 14-2-1501) if the corporation would be otherwise exempt from that section pursuant to former Code 1933, § 22-1401 (see now O.C.G.A. § 14-2-1501). 1974 Op. Att'y Gen. No. 74-49 (decided under Ga. L. 1971, p. 856 and Ga. L. 1972, p. 638).

RESEARCH REFERENCES

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646.

Duty of vendor as to abstract of title, 52 A.L.R. 1460.

Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501.

Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.

Real estate broker's right to commission on sale, exchange, or lease of property listed without statement of price or other terms, 169 A.L.R. 380.

Venue of damage action for breach of real-estate sales contract, 8 A.L.R.3d 489.

Variance between offer and acceptance in regard to title as affecting consummation of contract for sale of real property, 16 A.L.R.3d 1424.

Rights and liabilities of parties to executory contract for sale of land taken by eminent domain, 27 A.L.R.3d 572.

Mechanic's lien based on contract with vendor pending executory contract for sale of property as affecting purchaser's interest, 50 A.L.R.3d 944.

Enforceability, landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.


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