39.1 Quiet Title Actions

An examiner shall report whenever title has been established or determined pursuant to the State’s Quiet Title Actions: O.C.G.A. Sections 23-3-40-44, et seq. or O.C.G.A. Section 23-3-61, et seq. The examiner shall review the executed and filed Final Order coming out of said case and may rely upon the recitals in said Order without further inquiry. Unless specifically engaged to do so, the certification of the examiner as to the existence of an order pursuant to O.C.G.A. Sections 23-3-40 or 23-3-61 in the chain of title shall not serve as an opinion of the sufficiency of the action to determine title as to all potential parties.

Comment: The statutory proceedings to quiet title (O.C.G.A. Section 23-3-40, et seq., or O.C.G.A. Section 23-3-61) are intended as an efficient means to adjudicate a wide variety of disputes concerning title. These statutory procedures include specific procedural requirements placed upon the parties filing such actions. For purposes of this Title Standard, “Final Order” is intended to refer to the entry of an order ruling upon the report of the special master, in cases where a special master is appointed, and rendering a determination or decree of title, upon which the time for appeal has passed. An order arising out of these proceedings is not binding upon parties who were not properly served with notice. Should an examiner be engaged to do so, care should be given to a review of the record, including any affidavits of descent and special master determination of persons entitled to notice, when rendering any additional opinion as to the effect of the final order. There is no set statute of limitations for said claims. While this should not affect marketability of any judicially established or determined title, the examiner must make their client aware of the law and that all judicially established or determined titles are exposed to this exception. If a client desires further protection, the examiner should consult a title insurance underwriter and recommend the purchase of title insurance.