2021 Georgia Code
Title 44 - Property
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Article 1 - Recording
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-9. Recording Leases, Usufructs, and Assignments Thereof; Effect as Notice
When executed with the formality prescribed for the execution of deeds to land, leases or usufructs of land or of any interest in land and assignments of such leases or usufructs for any purpose, including the purpose of securing debt, may be recorded in the county where the property described in the instrument is located. The record shall, from the date of filing, be notice of the interest of the parties to the lease or usufructs in the property described in the instrument and of the interest of any person holding an assignment of any interest in such lease or usufruct.
(Ga. L. 1958, p. 413, § 1.)
Law reviews.- For article analyzing legal aspects of time shared (multiple, revolving) ownership of property, see 12 Ga. St. B.J. 75 (1975). For note discussing lessee's option to purchase, see 22 Ga. B.J. 565 (1960). For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).
OPINIONS OF THE ATTORNEY GENERALLease itself, not a notice of the existence of a lease, should be recorded. 1968 Op. Att'y Gen. No. 68-157.
RESEARCH REFERENCES
Am. Jur. 2d.
- 66 Am. Jur. 2d, Records and Recording Laws, § 52.
C.J.S.- 76 C.J.S., Records, § 11.
ALR.
- Necessity of consideration to support option under seal, 2 A.L.R. 631; 21 A.L.R. 137.
Priority where senior instrument affecting real property is recorded after execution but before recording of junior instrument, 32 A.L.R. 344.
Validity of reservation of oil and gas or other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 A.L.R. 485.
Continued possession of tenant as constructive notice to third person of unrecorded transfer of title of original lessor, 1 A.L.R.2d 322.
Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 A.L.R.2d 577.
