2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 1 - General Provisions (§§ 44-1-1 — 44-1-18)
Annotations
JUDICIAL DECISIONS
Individual’s identity is devisable. —Right of publicity survives the death of its owner and is inheritable and devisable. Martin Luther King, Jr., Ctr. for Social Change, Inc. v. American Heritage Prods., Inc., 694 F.2d 674, 1983 U. S. App. LEXIS 27928 (11th Cir. 1983).
Research References & Practice Aids
Cross references.Venue for actions regarding determination of titles to land, Ga. Const. 1983, Art. VI, Sec. II, Para. II.
Property insurance, §§ 33-7-6 and 33-32-1 et seq.
State properties code, § 50-16-30 et seq.
Law reviews.For article, “Georgia Title Standards,” see 26 Ga. B. J. 285 (1964).
For article surveying Georgia cases in the area of real property from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).
For annual survey on law of real property, see 42 Mercer L. Rev. 389 (1990).
For annual survey article on real property law, see 46 Mercer L. Rev. 401 (1994).
RESEARCH REFERENCES ALR.Presumption of identity of persons from identity of name in chain of title to real property, 5 A. L. R. 428.
Right of purchaser under land contract to anticipate time of payment fixed by contract, 17 A. L. R. 866.
Right of vendee who enters under parol contract, to recover for improvements where vendor refuses to convey, 17 A. L. R. 949.
Reversal as affecting purchase of property involved in suit, pending appeal without supersedeas, 36 A. L. R. 421.
Rights as between vendor and vendee under land contract in respect of interest, 75 A. L. R. 316; 25 A. L. R.2d 951.
Action to recover for improvements made on land, taxes or interest paid, or lien discharged, by one who mistakenly believed himself the owner, 104 A. L. R. 577.
Expectation by one who improved real property of acquiring title or interest in property from a third person, who in fact had neither title nor enforceable interest as supporting claim for compensation against the true owner, 148 A. L. R. 335.
Measure and items of recovery for improvements mistakenly placed or made on land of another, 24 A. L. R.2d 11.
Marketability of title derived from or through, or affected by possible claim of, infant, 24 A. L. R.2d 1306.
Res judicata or collateral estoppel effect, in state where real property is located, of foreign decree dealing with such property, 32 A. L. R.3d 1330.
Res ipsa loquitur as to cause of or liability for real-property fires, 21 A. L. R.4th 929.
Construction and effect of “marketable record title” statutes, 31 A. L. R.4th 11.
Necessity and reasonableness of vendor’s notice to vendee of requisite time of performance of real-estate sales contract after prior waiver or extension of original time of performance, 32 A. L. R.4th 8.
Specificity of description of premises as affecting enforceability of contract to convey real property — modern cases, 73 A. L. R.4th 135.
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.
Hierarchy Notes:O. C. G. A. Title 44
- § 44-1-1. "Property" defined
- § 44-1-2. "Realty" or "real estate" defined; extent of owner’s interest in airspace
- § 44-1-3. "Personalty" defined; status of certain stocks
- § 44-1-4. "Estate" defined
- § 44-1-5. "Title" defined
- § 44-1-6. What things considered fixtures; movable machinery as personalty; effect of detachment from realty
- § 44-1-7. Possession of personalty
- § 44-1-8. Property rights in animals; factors establishing property in wild animals; exclusion of property rights in certain wildlife
- § 44-1-9. Ownership of deposit and offspring by wild animals on land
- § 44-1-10. Ownership of offspring of domestic or owned animals
- § 44-1-11. Application and construction of provisions relating to estates
- § 44-1-12. What constitutes perfect title
- § 44-1-13. [Effective July 1, 2026] Removal or immobilization of trespassing cars or personal property; regulatory authority; licensure and permitting; civil remedy; automatic surveillance prohibited; penalty
- § 44-1-14. [Effective July 1, 2026] Abatement of hazard from abandoned well or hole; recovery costs; use of county funds
- § 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties
- § 44-1-16. [Effective July 1, 2026] Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
- § 44-1-17. Responsibilities relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; required notice; effect of noncompliance
- § 44-1-18. [Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority