2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 2 - Conveyances
§ 44-5-40. Conveyance of Future Interests or Estates

Universal Citation: GA Code § 44-5-40 (2020)

Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession.

(Orig. Code 1863, § 2650; Code 1868, § 2649; Code 1873, § 2691; Code 1882, § 2691; Civil Code 1895, § 3601; Civil Code 1910, § 4181; Code 1933, § 29-103; Ga. L. 1994, p. 364, § 1; Ga. L. 2008, p. 210, § 3/HB 1283; Ga. L. 2009, p. 8, § 44/SB 46.)

The 2008 amendment, effective July 1, 2008, added the last sentence.

The 2009 amendment, effective April 14, 2009, part of an Act to revise, modernize, and correct the Code, revised punctuation in the last sentence of this Code section.

Editor's notes.

- Ga. L. 1994, p. 364, § 3, not codified by the General Assembly, provides: "This Act is intended to clarify and codify the law regarding the alienability of future interests."

Ga. L. 2008, p. 210, § 1, not codified by the General Assembly, provides: "(a) The General Assembly finds that the railroads and their rights of way in Georgia:

"(1) Are essential to the continued viability of this state;

"(2) Are valuable resources which must be preserved and protected;

"(3) Are essential for the economic growth and development of this state;

"(4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials;

"(5) Relieve congestion on the highways and keep dangerous products and materials off our highways;

"(6) Are vital for national defense and national security; and

"(7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption.

"(b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago."

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 211 et seq.

C.J.S.

- 26A C.J.S., Deeds, §§ 25, 26.

ALR.

- Quantum of estate passing to grantee as affected by language in deed purporting to express his intention that property is to third person upon his death, 52 A.L.R. 540.

Delivery of deed to third person to be delivered to grantee after grantor's death, 52 A.L.R. 1222.

Fee simple conditional, 114 A.L.R. 602.

Effect on validity and character of instrument in form of deed of provisions therein indicating an intention to postpone or limit the rights of grantee until after the death of grantor, 31 A.L.R.2d 532.

Implication of right of life tenant to entrench upon or dispose of corpus from language contemplating possible diminution or elimination of gift over, 31 A.L.R.3d 6.

Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.

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