2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 2 - Conveyances
§ 44-5-30. Requisites of Deed to Lands; Inquiry Into Consideration

Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. It shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it.

(Laws 1785, Cobb's 1851 Digest, p. 164; Code 1863, § 2649; Code 1868, § 2648; Code 1873, § 2690; Code 1882, § 2690; Civil Code 1895, § 3599; Civil Code 1910, § 4179; Code 1933, § 29-101; Ga. L. 2012, p. 173, § 1-35/HB 665; Ga. L. 2015, p. 937, § 1/HB 322.)

The 2012 amendment, effective July 1, 2012, substituted "Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document," for "A deed to lands must be" in the first sentence; and, in the second sentence, substituted "shall" for "must" and inserted "or her".

The 2015 amendment, effective July 1, 2015, substituted "attested by an officer as provided in Code Section 44-2-15, and attested by one other witness" for "and attested by at least two witnesses" at the end of the first sentence.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 87 et seq. 72 Am. Jur. 2d, Statute of Frauds, § 221.

- 26A C.J.S., Deeds, § 19 et seq.

- Description with reference to highway as carrying title to center or side of highway, 2 A.L.R. 6; 49 A.L.R.2d 982.

Deposit of deed in mail as a delivery, 5 A.L.R. 1664.

Validity and effect of deed to "heirs" of living person, 22 A.L.R. 713.

Severance of title or rights to oil and gas in place from title to surface, 29 A.L.R. 586; 146 A.L.R. 880.

Reservation of vendor's lien as preventing severance of estate in mineral from estate in surface by deed otherwise having that effect, 29 A.L.R. 618.

Sufficiency of certificate of acknowledgment, 29 A.L.R. 919.

Conclusiveness of manual delivery of deed to grantee as an effective legal delivery, 56 A.L.R. 746; 141 A.L.R. 305.

Marketable title, 57 A.L.R. 1253; 81 A.L.R.2d 1020.

Acknowledgment or oath over telephone, 58 A.L.R. 604.

Conveyance in consideration of support as creating lien or charge upon the land conveyed, 64 A.L.R. 1250.

Execution of deed in respective or fiduciary capacity as estoppel of one in his individual capacity, 64 A.L.R. 1556.

Value of property as factor in determining whether deed intended as mortgage, 90 A.L.R. 953; 89 A.L.R.2d 1040.

Undelivered deed or escrow, pursuant to oral contract, as satisfying Statute of Frauds, 100 A.L.R. 196.

Presumption of delivery where deed is given by grantor to third person or comes into possession of grantee through third person, 124 A.L.R. 462.

Delivery of a deed without manual transfer or record, 129 A.L.R. 11; 87 A.L.R.2d 787.

Delivery of deed as conditioned on obtaining signature of another as grantor, 140 A.L.R. 265.

Death, or extinction of corporate existence, of grantee, or one of the grantees, prior to execution of deed, 148 A.L.R. 252.

Delivery of deed or mortgage by one or more but not all of the grantors or mortgagors, 162 A.L.R. 892.

Validity and effect of deed executed in blank as to name of grantee, 175 A.L.R. 1294.

Effect of supplying of description of property conveyed after manual delivery of deed or mortgage, 11 A.L.R.2d 1372.

Knowledge or notice of inadequacy of consideration for conveyance in chain of title as affecting bona fide status of purchaser, 42 A.L.R.2d 1088.

Conveyance of real property to mortgagee or lienholder as constituting "sale or exchange" rendering owner liable for commissions to broker having exclusive agency or exclusive right to sell, 46 A.L.R.2d 1116.

Presumption of consideration from revenue stamps on deed, 51 A.L.R.2d 1004.

What constitutes acceptance of deed by grantee, 74 A.L.R.2d 992.

Description with reference to highway as carrying title to center or side of highway, 49 A.L.R.2d 982.

Party walls and party-wall agreements as affecting marketability of title, 81 A.L.R.2d 1020.

Sufficiency of delivery of deed where grantor retains, or recovers, physical possession, 87 A.L.R.2d 787.

Value of property as factor in determining whether deed was intended as mortgage, 89 A.L.R.2d 1040.

What constitutes a "structure" within restrictive covenant, 75 A.L.R.3d 1095.