Table of Contents
PREFACE
CHAPTER 1 - THE TITLE EXAMINER
1.1 Examining Attorney’s Attitude
1.2 Prior Examination
1.3 Reference to Title Standards in Sales Contract
CHAPTER 2 - USE OF THE RECORD
2.1 Period of Search
2.2 Extent of Search
2.3 Instruments by Strangers to the Record Chain of Title
2.4 Record of Expired Leases
2.5 Record of Expired Contract or Options
2.6 Age of Instruments
CHAPTER 3 - NAME VARIANCES
3.1 Rule of Idem Sonans
3.2 Use or Nonuse of Middle Names or Initials
3.3 Abbreviations, Derivatives, and Nicknames
3.4 Recitals
3.5 Effect of Suffix
3.6 Variance Between Signature and Name in Body of Deed
3.7 Name Changes
3.8 Variance in Name of Wife
3.9 Variance in Indication of Sex
3.10 Correct Name of Grantee
3.11 Correcting Designation of Plat
3.12 Indexing Notation
3.13 Name Variances for Corporations and Partnerships
CHAPTER 4 - EXECUTION, ATTESTATION, ACKNOWLEDGMENT AND RECORDING
4.1 Date Omissions and Inconsistencies
4.2 Delivery Delay in Recordation
4.3 Georgia State Transfer Tax
4.4 Internal Revenue Service Real Estate Reporting
4.5 Requirements For Recording a Deed in Georgia
4.6 Constructive Notice of Security Deeds
4.7 Actual and Constructive Notice
CHAPTER 5 - DESCRIPTIONS
5.1 When Defective Descriptions Do Not Impair Marketability
CHAPTER 6 - AFFIDAVITS AND RECITALS
6.1 Affidavits in General
6.2 Recitals
6.3 Affidavits of Possession
6.4 Affidavits of Descent
6.5 Scrivener’s Affidavits
CHAPTER 7 - CO-TENANCIES
7.1 Conveyances by Co-tenants
7.2 Conveyances by Survivor of Joint Tenancy with Right of Survivorship, or Surviving Grantee in Survivorship Deed
7.3 Recitals as to Percentage of Interest Being Conveyed
CHAPTER 8 - TRANSFERS AND AGENTS
8.1 Effect of Designation ‘Trustee, ’ ‘Agent, ’ ‘Nominee, ’ or ‘Custodian’’
8.2 Termination of Trust
8.3 Deeds Executed in Representative Capacity
8.4 Formality Necessary to Create or Exercise an Agency
8.5 Power of Attorney
CHAPTER 9 - INSTRUMENTS EXECUTED BY CORPORATIONS
9.1 Name Omitted from Signature
9.2 Authority of Officer to Execute Instruments
9.3 Evidence of Corporate Authority
9.4 Corporate Existence
9.5 Foreign Corporations
9.6 Transfer or Satisfaction of a Security Deed by a Corporate Grantee
9.7 Other Useful Provisions of the Georgia Business Corporation Code
9.8 Alien Corporations
CHAPTER 10 - CONVEYANCES INVOLVING LIMITED PARTNERSHIPS
10.1 Governing Law
10.2 Authority
10.3 Conveyancing by Limited Partnerships
10.4 Foreign Limited Partnerships and Foreign General Partners
10.5 Mergers
10.6 Limited Liability Limited Partnership
CHAPTER 11 - CONVEYANCES INVOLVING GENERAL PARTNERSHIPS
11.1 General; Authority; Execution
11.2 Statements of Partnership
11.3 Vesting of Property of Dissolved Partnerships
11.4 Conveyances of Real Property Prior to UPA Held in Partnership Name
11.5 Conveyances of Real Property Subsequent to UPA Held in Name of Partnership Formed Prior to UPA
CHAPTER 12 - CONVEYANCES INVOLVING LIMITED LIABILITY COMPANIES
12.1 General Authority
12.2 Recorded Copies of Articles of Organization
12.3 Mergers
12.4 Terminated Limited Liability Companies
12.5 Foreign Limited Liability Companies
CHAPTER 13 - TITLE THROUGH DECEDENTS’ ESTATES
13.1 Judgments Against Heirs or Devisees
13.2 Surviving Widow, Widower or Minor Children
13.3 No Will, No Administration, Death Within Twelve Months
13.4 No Will, No Administration, Death From One to Three Years Past
13.5 No Will, No Administration, Death More Than Three Years Past
13.6 No Will, Administration Pending on Estate — Sale by Administrator
13.7 No Will, Administration Pending on Estate-Sale by Heirs at Law with Disclaimer by Administrator
13.8 No Will, But Administrator Discharged Prior to Sale
13.9 Will Probated in Solemn Form Authorizes Sale — Executor Qualified Within Past Six Months
13.10 Will Probated in Solemn form Does Not Authorize Sale — Executor Qualified Within Past Six Months
13.11 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More Than Six Months — No Assent to Devise
13.12 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More than Six Months — Deed From Executor and All Devisees
13.13 Will Probated in solemn Form Does Not Authorize Sale — Executor Qualified For More than Six Months
13.14 Will Probated in Common Form
CHAPTER 14 - DEEDS TO SECURE DEBT (SECURITY DEEDS)
14.1 Security Deed Recorded Prior to Deed by Which Ownership Acquired
14.2 Deed from Owner to Holder of Security Deed
14.3 Satisfaction of Assignment of Rents
14.4 Releases Corrective or Re-recorded Security Deed
14.5 Reference to Unrecorded Security Deed
14.6 Reversion of Property Conveyed to Secure Debt
14.7 Satisfaction of Deeds to Secure Debt
14.8 Failure to Pay Intangible Recording Tax
14.9 Waiver of Borrower’s Rights
CHAPTER 15 - MECHANICS’ AND MATERIALMEN’S LIENS
15.1 Scope of Search
15.2 Inchoate Nature of Lien Right
15.3 Priority of Mechanics’ and Materialmen’s Liens
15.4 Recitals of Ownership
15.5 No Release of Lien Necessary
15.6 Bond to Discharge Lien
15.7 Preliminary Notice of Liens
15.8 Satisfaction of a Mechanics’ and Materialmen’s Lien
15.9 Affidavits to Dissolve Mechanics’ and Materialmen’s Lien Rights
CHAPTER 16 - MISCELLANEOUS
16.1 Failure to Release Notice of Lis Pendens
16.2 Quitclaim, Limited Warranty, Executor’s and Administrator’s Deeds
16.3 Judgments and Executions
16.4 Dormancy of Judgments
16.5 Cancellation of General Execution Docket Recordings
16.6 Liens Arising from the Uniform Commercial Code
16.7 Methods of Canceling UCC Financing Statements and Notice Filings
CHAPTER 17 - FORECLOSURES
17.1 Foreclosure in General
17.2 Deed Under Power of Sale
17.3 Effect of Foreclosure Sale
17.4 Federal Tax Liens
17.5 Other Governmental Liens and Interests
17.6 Deed in Lieu of Foreclosure
CHAPTER 18 - TRANSACTIONS UNDER FEDERAL TRUTH-IN-LENDING AND REGULATION Z 54
18.1 Right of Rescission
CHAPTER 19 - PLANNED UNIT DEVELOPMENTS
19.1 In General
19.2 Condominiums - Georgia Condominium Act
19.3 Condominiums - Apartment Ownership Act
19.4 Time-Share Estates
19.5 Property Owners’ Association — Not Subject to Statute
19.6 Property Owners' Associations — Georgia Property Owners’ Association Act
CHAPTER 20 - MEMORANDUM OF LEASE OR CONTRACT
20.1 In General
CHAPTER 21 - BANKRUPTCY
21.1 Scope of Record Search
21.2 Title Through Bankruptcy Debtor or Bankruptcy Estate
21.3 Title Through Stay Relief Provisions
CHAPTER 22 - MINERAL RIGHTS
22.1 In General
22.2 Rights of Ingress and Egress
22.3 Non-Use of Mineral Rights
CHAPTER 23 - LAND REGISTRATION PROCEEDINGS
23.1 In General
CHAPTER 24 - OPINIONS AND CERTIFICATES OF TITLE
24.1 Opinion as a Duty of Title Attorney
24.2 Duty to Inform Client of Certificate Exceptions Which Can be Insured Over by Title Insurers
24.3 Actual Knowledge of Title Defects Which Do Not Appear on Court or Government Records
24.4 Mistakes of Court Record Clerks.
24.5 Title Rejection or Turning Down the Title as Not Being Marketable or Insurable
CHAPTER 25 - ENVIRONMENTAL ISSUES
25.1 In General
25.2 The Hazardous Site Response Act
25.3 Comprehensive Environmental Response, Comprehensive, and Liability Act of 1980
CHAPTER 26 - SURVEYS
26.1 In General
26.2 Surveys Which Meet Minimum State Requirements for Recordation
26.3 As-Built Surveys
26.4 Composite Surveys
CHAPTER 27 - MARITAL RIGHTS TO REAL PROPERTY
27.1 In General
27.2 Third Party Interests
CHAPTER 28 - REAL PROPERTY FORFEITURE
28.1 ‘Relation Back’
CHAPTER 29 - CONVEYANCES BY AND TO TRUSTEES
29.1 Verification of Existence of Trust and Authority of Trustee
29.2 Effect of Designation ‘Trust’ and ‘Trustee’
29.3 Trust Established In Accordance With Provisions of ‘Testamentary Additions to Trust Act’
CHAPTER 30 - ASSESSMENTS FOR GOVERNMENTAL IMPROVEMENTS AND SERVICES
30.1 Equal Rank With Ad Valorem Tax Liens
30.2 Lien Against Property Served
30.3 Date of Attachment
30.4 Expiration
CHAPTER 31 - FEDERAL TAX LIENS
31.1 In General
31.2 Applicability of Federal Tax Lien
31.3 Creation and Attachment
31.4 Perfection
31.5 Property To Which Lien Attaches
31.6 Duration of NFTL Filing
31.7 Limitation, Release and Satisfaction of Lien
31.8 Priority
31.9 ‘Semi-Super’ Priority
31.10 Super Priorities
31.11 Special Rules Relating to Foreclosure of Real Property Encumbered by Federal Tax Lien
31.12 Special Rules for Estate Tax Lien and Gift Tax Lien
CHAPTER 32 - COMMERCIAL REAL ESTATE BROKERS’ LIENS
32.1 Examiner’s Exception for Brokers’ Lien for Commercial Property
32.2 Escrow Funds to Dissolve Lien
CHAPTER 33 - RTC TITLE ISSUES
33.1 Chain of Title of Ownership of Real Property Assets of Failed Association
33.2 Sales of Real Property Interests Held by RTC
33.3 Use of Powers of Attorney by RTC
33.4 Pass-Through Receivership Title Issues
33.5 Validity of Foreclosure Conducted by Holder of Superior Interest of Property in which RTC as Receiver of a Failed Association Holds an Interest
CHAPTER 34 - ZONING
34.1 Title Opinion
CHAPTER 35 - FEDERAL STATUTES WHICH DO NOT AFFECT TITLE
35.1 Americans with Disabilities Act (‘ADA’)
35.2 Bank Bribery Act
35.3 Home Mortgage Disclosure Act (‘HMDA’)
35.4 The Real Estate Settlement Procedures Act (‘RESPA’)
CHAPTER 36 - GEORGIA STATUTES WHICH DO NOT AFFECT TITLE
36.1 Georgia Residential Mortgage Act (‘GRMA’)
36.2 Georgia Withholding Tax on Sale or Transfer of Real Property by Nonresidents of Georgia
CHAPTER 37 - CONDEMNATIONS — THE RIGHT OF EMINENT DOMAIN
37.1 In General Right of Eminent Domain — Its Power and Exercise Thereof
37.2 Title Examination for Condemnor or Person Exercising Condemnation Right
37.3 The Right of Eminent domain is Statutory in Nature Involving Statutory Civil Procedure
37.4 Rights of Reversion in Condemnee or Successors in Title to Condemnee
37.5 Just Compensation Awarded in the Form of Future Uses
37.6 Rights Lost to the Property Remaining after Condemnation Paid for as Consequential Damages
37.7 Condemnation of Air Rights by Government Condemnor
37.8 Condemnation of Rights Less Than Fee Simple Title Rights in Addition to Air Rights
37.9 Property Exempt from Condemnation or Eminent Domain Laws of Georgia
37.10 Property Conveyed from Condemnor to Private Individuals
37.11 Adverse Possession Cannot Be Obtained Against Certain Condemnors
37.12 Condemnation — Plats Involved
CHAPTER 38 - EASEMENT TITLE ISSUES
38.1 Nature and Extent of Title Examiner’s Duties with Respect to Appurtenant Easements
38.2 Merger
38.3 Debt Encumbrances
38.4 Effect of Deed Recitals on Easement Rights
38.5 Parol Licenses
38.6 Notice
38.7 Charges Imposed for Use of Easements
38.8 Real Estate Taxes on Easements
38.9 Environmental Issues Relating to Easements
CHAPTER 39 - Titles Involving Judicial Confirmation or Conveyance
39.1 Quiet Title Actions
CHAPTER 40 - FDIC Title Issues
40.1 Ownership of Real Property of Failed Institution
40.2 Foreclosure of Deeds to Secure Debt Naming a Named Institution as Grantee
40.3 Transfer of Real Property By FDIC or Partner Entities
40.4 Use of Powers of Attorney By the FDIC
CHAPTER 41 - Title Acquired Through a Court-Appointed Receiver
PREFACE
CHAPTER 1 - THE TITLE EXAMINER
1.1 Examining Attorney’s Attitude
1.2 Prior Examination
1.3 Reference to Title Standards in Sales Contract
CHAPTER 2 - USE OF THE RECORD
2.1 Period of Search
2.2 Extent of Search
2.3 Instruments by Strangers to the Record Chain of Title
2.4 Record of Expired Leases
2.5 Record of Expired Contract or Options
2.6 Age of Instruments
CHAPTER 3 - NAME VARIANCES
3.1 Rule of Idem Sonans
3.2 Use or Nonuse of Middle Names or Initials
3.3 Abbreviations, Derivatives, and Nicknames
3.4 Recitals
3.5 Effect of Suffix
3.6 Variance Between Signature and Name in Body of Deed
3.7 Name Changes
3.8 Variance in Name of Wife
3.9 Variance in Indication of Sex
3.10 Correct Name of Grantee
3.11 Correcting Designation of Plat
3.12 Indexing Notation
3.13 Name Variances for Corporations and Partnerships
CHAPTER 4 - EXECUTION, ATTESTATION, ACKNOWLEDGMENT AND RECORDING
4.1 Date Omissions and Inconsistencies
4.2 Delivery Delay in Recordation
4.3 Georgia State Transfer Tax
4.4 Internal Revenue Service Real Estate Reporting
4.5 Requirements For Recording a Deed in Georgia
4.6 Constructive Notice of Security Deeds
4.7 Actual and Constructive Notice
CHAPTER 5 - DESCRIPTIONS
5.1 When Defective Descriptions Do Not Impair Marketability
CHAPTER 6 - AFFIDAVITS AND RECITALS
6.1 Affidavits in General
6.2 Recitals
6.3 Affidavits of Possession
6.4 Affidavits of Descent
6.5 Scrivener’s Affidavits
CHAPTER 7 - CO-TENANCIES
7.1 Conveyances by Co-tenants
7.2 Conveyances by Survivor of Joint Tenancy with Right of Survivorship, or Surviving Grantee in Survivorship Deed
7.3 Recitals as to Percentage of Interest Being Conveyed
CHAPTER 8 - TRANSFERS AND AGENTS
8.1 Effect of Designation ‘Trustee, ’ ‘Agent, ’ ‘Nominee, ’ or ‘Custodian’’
8.2 Termination of Trust
8.3 Deeds Executed in Representative Capacity
8.4 Formality Necessary to Create or Exercise an Agency
8.5 Power of Attorney
CHAPTER 9 - INSTRUMENTS EXECUTED BY CORPORATIONS
9.1 Name Omitted from Signature
9.2 Authority of Officer to Execute Instruments
9.3 Evidence of Corporate Authority
9.4 Corporate Existence
9.5 Foreign Corporations
9.6 Transfer or Satisfaction of a Security Deed by a Corporate Grantee
9.7 Other Useful Provisions of the Georgia Business Corporation Code
9.8 Alien Corporations
CHAPTER 10 - CONVEYANCES INVOLVING LIMITED PARTNERSHIPS
10.1 Governing Law
10.2 Authority
10.3 Conveyancing by Limited Partnerships
10.4 Foreign Limited Partnerships and Foreign General Partners
10.5 Mergers
10.6 Limited Liability Limited Partnership
CHAPTER 11 - CONVEYANCES INVOLVING GENERAL PARTNERSHIPS
11.1 General; Authority; Execution
11.2 Statements of Partnership
11.3 Vesting of Property of Dissolved Partnerships
11.4 Conveyances of Real Property Prior to UPA Held in Partnership Name
11.5 Conveyances of Real Property Subsequent to UPA Held in Name of Partnership Formed Prior to UPA
CHAPTER 12 - CONVEYANCES INVOLVING LIMITED LIABILITY COMPANIES
12.1 General Authority
12.2 Recorded Copies of Articles of Organization
12.3 Mergers
12.4 Terminated Limited Liability Companies
12.5 Foreign Limited Liability Companies
CHAPTER 13 - TITLE THROUGH DECEDENTS’ ESTATES
13.1 Judgments Against Heirs or Devisees
13.2 Surviving Widow, Widower or Minor Children
13.3 No Will, No Administration, Death Within Twelve Months
13.4 No Will, No Administration, Death From One to Three Years Past
13.5 No Will, No Administration, Death More Than Three Years Past
13.6 No Will, Administration Pending on Estate — Sale by Administrator
13.7 No Will, Administration Pending on Estate-Sale by Heirs at Law with Disclaimer by Administrator
13.8 No Will, But Administrator Discharged Prior to Sale
13.9 Will Probated in Solemn Form Authorizes Sale — Executor Qualified Within Past Six Months
13.10 Will Probated in Solemn form Does Not Authorize Sale — Executor Qualified Within Past Six Months
13.11 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More Than Six Months — No Assent to Devise
13.12 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More than Six Months — Deed From Executor and All Devisees
13.13 Will Probated in solemn Form Does Not Authorize Sale — Executor Qualified For More than Six Months
13.14 Will Probated in Common Form
CHAPTER 14 - DEEDS TO SECURE DEBT (SECURITY DEEDS)
14.1 Security Deed Recorded Prior to Deed by Which Ownership Acquired
14.2 Deed from Owner to Holder of Security Deed
14.3 Satisfaction of Assignment of Rents
14.4 Releases Corrective or Re-recorded Security Deed
14.5 Reference to Unrecorded Security Deed
14.6 Reversion of Property Conveyed to Secure Debt
14.7 Satisfaction of Deeds to Secure Debt
14.8 Failure to Pay Intangible Recording Tax
14.9 Waiver of Borrower’s Rights
CHAPTER 15 - MECHANICS’ AND MATERIALMEN’S LIENS
15.1 Scope of Search
15.2 Inchoate Nature of Lien Right
15.3 Priority of Mechanics’ and Materialmen’s Liens
15.4 Recitals of Ownership
15.5 No Release of Lien Necessary
15.6 Bond to Discharge Lien
15.7 Preliminary Notice of Liens
15.8 Satisfaction of a Mechanics’ and Materialmen’s Lien
15.9 Affidavits to Dissolve Mechanics’ and Materialmen’s Lien Rights
CHAPTER 16 - MISCELLANEOUS
16.1 Failure to Release Notice of Lis Pendens
16.2 Quitclaim, Limited Warranty, Executor’s and Administrator’s Deeds
16.3 Judgments and Executions
16.4 Dormancy of Judgments
16.5 Cancellation of General Execution Docket Recordings
16.6 Liens Arising from the Uniform Commercial Code
16.7 Methods of Canceling UCC Financing Statements and Notice Filings
CHAPTER 17 - FORECLOSURES
17.1 Foreclosure in General
17.2 Deed Under Power of Sale
17.3 Effect of Foreclosure Sale
17.4 Federal Tax Liens
17.5 Other Governmental Liens and Interests
17.6 Deed in Lieu of Foreclosure
CHAPTER 18 - TRANSACTIONS UNDER FEDERAL TRUTH-IN-LENDING AND REGULATION Z 54
18.1 Right of Rescission
CHAPTER 19 - PLANNED UNIT DEVELOPMENTS
19.1 In General
19.2 Condominiums - Georgia Condominium Act
19.3 Condominiums - Apartment Ownership Act
19.4 Time-Share Estates
19.5 Property Owners’ Association — Not Subject to Statute
19.6 Property Owners' Associations — Georgia Property Owners’ Association Act
CHAPTER 20 - MEMORANDUM OF LEASE OR CONTRACT
20.1 In General
CHAPTER 21 - BANKRUPTCY
21.1 Scope of Record Search
21.2 Title Through Bankruptcy Debtor or Bankruptcy Estate
21.3 Title Through Stay Relief Provisions
CHAPTER 22 - MINERAL RIGHTS
22.1 In General
22.2 Rights of Ingress and Egress
22.3 Non-Use of Mineral Rights
CHAPTER 23 - LAND REGISTRATION PROCEEDINGS
23.1 In General
CHAPTER 24 - OPINIONS AND CERTIFICATES OF TITLE
24.1 Opinion as a Duty of Title Attorney
24.2 Duty to Inform Client of Certificate Exceptions Which Can be Insured Over by Title Insurers
24.3 Actual Knowledge of Title Defects Which Do Not Appear on Court or Government Records
24.4 Mistakes of Court Record Clerks.
24.5 Title Rejection or Turning Down the Title as Not Being Marketable or Insurable
CHAPTER 25 - ENVIRONMENTAL ISSUES
25.1 In General
25.2 The Hazardous Site Response Act
25.3 Comprehensive Environmental Response, Comprehensive, and Liability Act of 1980
CHAPTER 26 - SURVEYS
26.1 In General
26.2 Surveys Which Meet Minimum State Requirements for Recordation
26.3 As-Built Surveys
26.4 Composite Surveys
CHAPTER 27 - MARITAL RIGHTS TO REAL PROPERTY
27.1 In General
27.2 Third Party Interests
CHAPTER 28 - REAL PROPERTY FORFEITURE
28.1 ‘Relation Back’
CHAPTER 29 - CONVEYANCES BY AND TO TRUSTEES
29.1 Verification of Existence of Trust and Authority of Trustee
29.2 Effect of Designation ‘Trust’ and ‘Trustee’
29.3 Trust Established In Accordance With Provisions of ‘Testamentary Additions to Trust Act’
CHAPTER 30 - ASSESSMENTS FOR GOVERNMENTAL IMPROVEMENTS AND SERVICES
30.1 Equal Rank With Ad Valorem Tax Liens
30.2 Lien Against Property Served
30.3 Date of Attachment
30.4 Expiration
CHAPTER 31 - FEDERAL TAX LIENS
31.1 In General
31.2 Applicability of Federal Tax Lien
31.3 Creation and Attachment
31.4 Perfection
31.5 Property To Which Lien Attaches
31.6 Duration of NFTL Filing
31.7 Limitation, Release and Satisfaction of Lien
31.8 Priority
31.9 ‘Semi-Super’ Priority
31.10 Super Priorities
31.11 Special Rules Relating to Foreclosure of Real Property Encumbered by Federal Tax Lien
31.12 Special Rules for Estate Tax Lien and Gift Tax Lien
CHAPTER 32 - COMMERCIAL REAL ESTATE BROKERS’ LIENS
32.1 Examiner’s Exception for Brokers’ Lien for Commercial Property
32.2 Escrow Funds to Dissolve Lien
CHAPTER 33 - RTC TITLE ISSUES
33.1 Chain of Title of Ownership of Real Property Assets of Failed Association
33.2 Sales of Real Property Interests Held by RTC
33.3 Use of Powers of Attorney by RTC
33.4 Pass-Through Receivership Title Issues
33.5 Validity of Foreclosure Conducted by Holder of Superior Interest of Property in which RTC as Receiver of a Failed Association Holds an Interest
CHAPTER 34 - ZONING
34.1 Title Opinion
CHAPTER 35 - FEDERAL STATUTES WHICH DO NOT AFFECT TITLE
35.1 Americans with Disabilities Act (‘ADA’)
35.2 Bank Bribery Act
35.3 Home Mortgage Disclosure Act (‘HMDA’)
35.4 The Real Estate Settlement Procedures Act (‘RESPA’)
CHAPTER 36 - GEORGIA STATUTES WHICH DO NOT AFFECT TITLE
36.1 Georgia Residential Mortgage Act (‘GRMA’)
36.2 Georgia Withholding Tax on Sale or Transfer of Real Property by Nonresidents of Georgia
CHAPTER 37 - CONDEMNATIONS — THE RIGHT OF EMINENT DOMAIN
37.1 In General Right of Eminent Domain — Its Power and Exercise Thereof
37.2 Title Examination for Condemnor or Person Exercising Condemnation Right
37.3 The Right of Eminent domain is Statutory in Nature Involving Statutory Civil Procedure
37.4 Rights of Reversion in Condemnee or Successors in Title to Condemnee
37.5 Just Compensation Awarded in the Form of Future Uses
37.6 Rights Lost to the Property Remaining after Condemnation Paid for as Consequential Damages
37.7 Condemnation of Air Rights by Government Condemnor
37.8 Condemnation of Rights Less Than Fee Simple Title Rights in Addition to Air Rights
37.9 Property Exempt from Condemnation or Eminent Domain Laws of Georgia
37.10 Property Conveyed from Condemnor to Private Individuals
37.11 Adverse Possession Cannot Be Obtained Against Certain Condemnors
37.12 Condemnation — Plats Involved
CHAPTER 38 - EASEMENT TITLE ISSUES
38.1 Nature and Extent of Title Examiner’s Duties with Respect to Appurtenant Easements
38.2 Merger
38.3 Debt Encumbrances
38.4 Effect of Deed Recitals on Easement Rights
38.5 Parol Licenses
38.6 Notice
38.7 Charges Imposed for Use of Easements
38.8 Real Estate Taxes on Easements
38.9 Environmental Issues Relating to Easements
CHAPTER 39 - Titles Involving Judicial Confirmation or Conveyance
39.1 Quiet Title Actions
CHAPTER 40 - FDIC Title Issues
40.1 Ownership of Real Property of Failed Institution
40.2 Foreclosure of Deeds to Secure Debt Naming a Named Institution as Grantee
40.3 Transfer of Real Property By FDIC or Partner Entities
40.4 Use of Powers of Attorney By the FDIC
CHAPTER 41 - Title Acquired Through a Court-Appointed Receiver