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A quiet title action is a legal proceeding carried out to establish a party's title to real property against anyone and everyone, thus ?quieting? any challenges or claims to the title. It is an invaluable tool in resolving disputes over a piece of land or property, eliminating any clouds on the title.
If one adversely possesses land under the color of title for a continuous period of seven years, they can take ownership of it. If one adversely possesses land without any valid basis for believing that they are the owner, the statutory period is 20 years until the land changes ownership.
- To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A.
Ga. Code § 44-2-1 A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed.
Must contain the name of the person giving (Grantor) and the person receiving (Grantee). Must state in the document that you are conveying/granting/quitclaiming the property. Must have the correct property identification ? usually the legal description or at least the property address.
A Georgia deed must be an original document signed by the current owner who is transferring property. A deed that transfers more than one person's ownership interest in Georgia real estate must have the signatures of each co-owner who is making the transfer. An electronic signature?as defined in Ga.
Quit claim deeds, also called a non-warranty deeds, are sometimes used to transfer property as well as clear titles. Sellers tend to be more willing to transfer property through quit claim deeds. However, quit claim deeds offer no warranty that the grantor owns or has any rights to transfer the property.
In the state of Georgia, in order for ownership of property to be validly transferred, a property deed must be recorded and notice of the transfer made.