2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 2 - Conveyances
§ 44-5-36. Purchaser's Remedies for Loss of Land Due to Title Defect
If the purchaser loses part of his land from a defect of title, he may claim according to the relative value of the land so lost either a rescission of the purchase contract or a reduction of the price.
(Orig. Code 1863, § 2599; Code 1868, § 2601; Code 1873, § 2643; Code 1882, § 2643; Civil Code 1895, § 3544; Civil Code 1910, § 4124; Code 1933, § 29-202.)
Law reviews.- For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Applicability
- Remedies
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Deeds, § 184 et seq.
ALR.
- Doctrine of after-acquired title as between one who took before and one who took after common grantor or mortgagor acquired title, 25 A.L.R. 83.
Recovery by vendee of money paid under mistake of fact as to vendor's title, 36 A.L.R. 482.
Remedy of grantee in possession under deed with covenants of title, independently of those covenants, where the grantor's title is defective, 50 A.L.R. 180; 65 A.L.R. 1142.
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.
Marketability of title as affected by fact that grantor or mortgagor in chain of title acquired complete or perfect title after conveyance, 163 A.L.R. 437.
Specific performance at instance of purchaser with abatement for vendor's misrepresentation as to matters other than quantity or title, 7 A.L.R.2d 1331.
Broker's liability to prospective purchaser for refund of deposit or earnest money where contract fails because of defects in vendor's title, 38 A.L.R.2d 1382.
Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.
Application of provision in land purchase agreement that it shall be null unless marketable title is delivered, where defect in title is created or permitted by vendor subsequent to execution of agreement, 13 A.L.R.4th 927.
