2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 2 - Recordation and Registration of Deeds and Other Instruments (Arts. 1 — 2)
Article 1 - Recording (Pts. 1 — 2)

Annotations

JUDICIAL DECISIONS

Effect of grantor’s conveyance to another before grantor became owner. —

Title of a bona fide purchaser is not impaired by a conveyance from the purchaser’s grantor to another, which was made and filed before the purchaser’s grantor became the owner of the property, since to hold otherwise would be to require a purchaser to extend back indefinitely the purchaser’s period of record search against the name of each prior owner. Insilco Corp. v. Carter, 245 Ga. 513, 265 S. E.2d 794, 1980 Ga. LEXIS 840 (1980).

Constructive notice of subsequent deeds. —

Purchaser has constructive notice of any deeds out of the purchaser’s grantor from the date of deed, rather than the date of the deed’s recording. Insilco Corp. v. Carter, 245 Ga. 513, 265 S. E.2d 794, 1980 Ga. LEXIS 840 (1980).

Constructive notice. —

Chapter 7 trustee, as a bona fide purchaser for value, could not take the property at issue free of the creditor’s security deed as to the debtor wife’s interest in the property because the recording of the security deed provided constructive notice to the trustee of the creditor’s interest in the property. Pettie v. RBC Mortg. Co. (In re Jackson), No. 15-55379-BEM, No. 18-5064-BEM, 2019 Bankr. LEXIS 2883 (Bankr. N. D. Ga. Sept. 17, 2019).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Instrument which conveys only security interest in personal property

is not entitled to recording as an instrument affecting title to land. 1975 Op. Att’y Gen. No. U75-87.

Research References & Practice Aids

Cross references.

Real estate transfer taxes, § 48-6-1 et seq.

Law reviews.

For article, “Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,” see 15 (No. 5) Ga. St. B. J. 12 (2010).

For article, “Eleventh Circuit Survey: January 1, 2013 — December 31, 2013: Casenote: The Decline and Fall of Constructive Notice,” see 65 Mercer L. Rev. 1203 (2014).

RESEARCH REFERENCES ALR.

Record of executory contracts for the sale of real estate, 26 A. L. R. 1546.

Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 A. L. R. 853; 56 A. L. R. 1217.

Allowance for improvements in reliance upon title or interest defeated by failure to record conveyance, 40 A. L. R. 282.

Use of diminutive or nickname as affecting operation of record as notice, 45 A. L. R. 557.

Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording acts, 52 A. L. R. 183.

Presumption or burden of proof as to whether or not instrument affecting title to property is recorded, 53 A. L. R. 668.

Grantee or mortgagee by quitclaim deed or mortgage in quitclaim form as within protection of recording laws, 59 A. L. R. 632.

Effect of alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation, 67 A. L. R. 364.

Assignment of future rents as within recording laws, 75 A. L. R. 270.

Right of one otherwise protected by recording law against prior unrecorded deed or mortgage as affected by fact that all or part of the consideration was unpaid at the time he received notice, actual or constructive, of the prior instrument, 109 A. L. R. 163.

Federal government or agencies of federal government as subject to payment of tax or fee imposed upon, or for, recording or filing instrument, 124 A. L. R. 1267.

Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 A. L. R. 1325.

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.

Agreement between real estate owners restricting use of property as within contemplation of recording laws, 4 A. L. R.2d 1419.

Personal covenant in recorded deed as enforceable against grantee’s lessee or successor, 23 A. L. R.2d 520.

Recorded real property instrument as charging third party with constructive notice of provisions of extrinsic instrument referred to therein, 89 A. L. R.3d 901.

Hierarchy Notes:

O. C. G. A. Title 44

O. C. G. A. Title 44, Ch. 2