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2006 Georgia Code - 44-2-161
44-2-161. (a) 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. (b) 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. (c) 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. (d) 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.
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