2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties

- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).

RESEARCH REFERENCES

ALR.

- Liability of former owner of real estate because of a violation of statute or ordinance relating to condition of premises, 8 A.L.R. 356.

Extent of lessee's obligation under express covenant as to repairs, 20 A.L.R. 782; 45 A.L.R. 12.

Restriction forbidding manufacture or sale of liquor as breach of covenant of title or against encumbrances, or as negativing marketable title, 51 A.L.R. 1460.

Reservation by grantor of the right to require payment for existing party wall when used, 52 A.L.R. 494.

Tea room or other place of refreshment as violation of restrictive covenant against use of premises for mercantile or business purposes, or limiting its use to residential purposes, 57 A.L.R. 411.

Implied covenant in conveyance with reference to map, plat, or blueprint as to size of remaining lots or against further subdivision thereof, 57 A.L.R. 764.

Measure of damages for breach of covenants of title in conveyances or mortgages of real property, 61 A.L.R. 10; 100 A.L.R. 1194.

Assignment of lease as breach of covenant against subletting, 79 A.L.R. 1379.

Validity of provisions of instrument creating legal estate attempting to exempt it from claims of creditors, 80 A.L.R. 1007.

Deed or mortgage of real estate as affecting right to oil and gas or royalty interest under existing lease, 94 A.L.R. 660; 140 A.L.R. 1280.

School as violation of restrictive covenant relating to use of real property, 98 A.L.R. 390.

Personal liability of covenantor for breach of restrictive covenant by grantee of property, 98 A.L.R. 779.

Garage or filling station as breach of restrictive covenant, 99 A.L.R. 541.

When does statute of limitations commence to run against action for breach of covenant against encumbrances, 99 A.L.R. 1050.

Liability of grantor in deed with covenants, for expense of grantee's successful litigation with third party, 105 A.L.R. 729.

Use of cemetery grounds for purposes other than interment, 130 A.L.R. 130.

Restrictive covenants as applicable to land itself apart from buildings, 155 A.L.R. 528.

Covenant restricting "erection," "construction," etc., as including limitation on use structure, 155 A.L.R. 1007.

Building restrictions specifying minimum cost in dollars as affected by change in gold content or purchasing power of dollar, 161 A.L.R. 1131.

Rights or interests covered by quitclaim deed, 162 A.L.R. 556.

After-acquired title rule as applicable to title acquired by grantor through enforcement of mortgage or lien, 168 A.L.R. 1149.

Decree or judgment subject to direct attack in chain of title as rendering title unmerchantable, 9 A.L.R.2d 710.

Controlling effect, as to building lines in restrictive covenants, as between provisions in deed and conflicting data on plat referred to therein, 21 A.L.R.2d 1262.

Building side line restrictive covenants, 36 A.L.R.2d 861.

Encroachment of structure on or over adjoining property or way as rendering title unmarketable, 47 A.L.R.2d 331.

Validity, construction, and effect of land sale contract providing that title must be satisfactory to purchaser, 47 A.L.R.2d 455.

Binding effect on tenant holding over of covenants in expired lease, 49 A.L.R.2d 480.

Use of premises for parking place as violation of restrictive covenant, 80 A.L.R.2d 1258.

Reservation or exception in deed in favor of stranger, 88 A.L.R.2d 1199.

Construction and effect of restrictive covenant in deed or conveyance specifically prohibiting or limiting the keeping of animals, such as livestock, fowl, etc., on the premises, 89 A.L.R.2d 990.

Incidental use of dwelling for business or professional purposes as violation of covenant restricting use to residential purposes, 21 A.L.R.3d 641.

Liability of builder-vendor or other vendor of new dwelling for loss, injury, or damage occasioned by defective condition thereof, 25 A.L.R.3d 383.

Covenant restricting use of land, made for purpose of guarding against competition, as running with land, 25 A.L.R.3d 897.

Covenant in deed restricting material to be used in building construction, 41 A.L.R.3d 1290.

Vendor and purchaser: marketability of title as affected by lien dischargeable only out of funds to be received from purchaser at closing, 53 A.L.R.3d 678.

Construction and operation of parking-space provision in shopping-center lease, 56 A.L.R.3d 596.

Restrictive covenants as to height of structures or buildings, 1 A.L.R.4th 1021.

Liability of vendor of existing structure for property damage sustained by purchaser after transfer, 18 A.L.R.4th 1168.

Community residence for mentally disabled persons as violation of restrictive covenant, 41 A.L.R.4th 1216.

Construction and application of restrictive covenants to the use of signs, 61 A.L.R.4th 1028.

Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property "as is" or in its existing condition, 8 A.L.R.5th 312.