2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-62. General Warranty - Scope
A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances.
(Orig. Code 1863, § 2662; Code 1868, § 2661; Code 1873, § 2703; Code 1882, § 2703; Civil Code 1895, § 3614; Civil Code 1910, § 4194; Code 1933, § 29-303.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Deeds, § 237.
C.J.S.- 33 C.J.S., Exchange of Property, § 9 et seq.
ALR.
- Unfounded outstanding claims to or against real property as breach of covenants of deed, 5 A.L.R. 1084.
Equitable or incipient easement as breach of covenant against encumbrances, 16 A.L.R. 1066.
Affirmative covenants as running with land, 41 A.L.R. 1363; 102 A.L.R. 781; 118 A.L.R. 982.
Encumbrance undischarged and unenforced as affecting rights and damages under a covenant against encumbrances, 44 A.L.R. 410.
Duty of purchaser of real property to disclose to the vendor facts or prospects affecting the value of the property, 56 A.L.R. 429.
Encroachment of building upon adjoining property or street as breach of covenant in deed of property on which building is located, 60 A.L.R. 234.
Easement as breach of covenant against encumbrances, 64 A.L.R. 1479.
Unpaid public improvement as constituting breach of covenant or a defect in the vendor's title, 72 A.L.R. 302.
Garage or filling station as breach of restrictive covenant, 99 A.L.R. 541.
Measure of damages for breach of covenant of title in conveyance or mortgage of real property, 100 A.L.R. 1194.
Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.
Outstanding right of dower as breach of covenant of title or against encumbrances in deed or mortgage of real estate, 141 A.L.R. 482.
What amounts to constructive eviction which will support action for breach of covenant of warranty or for quiet enjoyment, 172 A.L.R. 18.
Use of property by college fraternity or sorority as violation of restrictive covenant, 7 A.L.R.2d 436.
Condemnation, proceeding therefor, or prospect thereof, as affecting marketability of title, 21 A.L.R.2d 792.
Validity, construction, and effect of land sale contract providing that title must be satisfactory to purchaser, 47 A.L.R.2d 455.
Party walls and party-wall agreements as affecting marketability of title, 81 A.L.R.2d 1020.
When statute of limitations starts to run against action for breach of covenant of warranty or of seizin, 95 A.L.R.2d 913.
