RECORDING & TITLE
This is the type of recording act Georgia follows
What is race-notice?
This is the name of the future interest a grantor keeps when they create a fee simple determinable
What is a possibility of reverter
This non-possessory land interest is revocable, personal, and requires no writing to create.
What is a license?
In Georgia, this is the ordinary number of years required for adverse possession without color of title.
What is 20 years?
In Georgia, the borrower conveys legal title to the lender via this type of instrument, rather than a traditional mortgage.
What is a security deed (deed to secure debt)?
This type of notice arises when physical circumstances, like a uniform subdivision pattern, would prompt a reasonable buyer to investigate further.
What is inquiry notice?
Words like 'so long as' or 'until' create this type of defeasible fee, which terminates automatically
What is a fee simple determinable?
This easement creation method requires common ownership, severance, and STRICT necessity, not mere convenience.
What is an easement by necessity?
This shorter Georgia adverse possession period applies when the possessor holds a defective written instrument purporting to convey the property.
What is 7 years (under color of title)?
This clause, standard in Georgia security deeds, authorizes the lender to sell the property upon default without going to court.
What is a power of sale clause?
These three deed covenants are breached, if at all, at the exact moment of conveyance and generally don't run to remote grantees.
What are the present covenants (seisin, right to convey, against encumbrances)?
Unlike a possibility of reverter, this future interest requires the grantor to affirmatively act to reclaim the property after a condition subsequent occurs
What is a right of entry (power of termination)?
This type of covenant is enforced by injunction and requires only intent, touch and concern, and notice, no privity needed.
What is an equitable servitude?
This is the remedy any single cotenant can seek to force a division of jointly owned property, even over other cotenants' objections.
What is partition?
Georgia requires this many days' written notice before a non-judicial foreclosure sale, and it cannot be pre-waived.
What is 30 days?
This type of deed conveys only whatever interest the grantor actually has, with no covenants of title at all.
What is a quitclaim deed?
When a defeasible fee's condition triggers a transfer to a THIRD PARTY rather than back to the grantor, that third party holds this kind of future interest
What is a (shifting) executory interest?
This specific type of privity is required for the BURDEN of a real covenant to run, but is NOT required for the benefit to run.
What is horizontal privity?
Courts prefer this type of partition, physically dividing the land, over a forced sale.
What is partition in kind?
Unlike some states, Georgia does NOT grant borrowers this right after a completed foreclosure sale.
What is a (statutory) right of redemption?
This doctrine lets a court imply a subdivision restriction against a lot whose own deed omits it, so long as the current owner had this.
What is notice (under the implied reciprocal servitude/common scheme doctrine)?
This rule voids a contingent interest unless it must vest, if at all, within 21 years of a life in being at its creation
What is the Rule Against Perpetuities
This non-possessory interest gives its holder the right to enter land AND remove something from it, like timber or minerals.
What is a profit?
This doctrine lets successive adverse possessors combine their periods of possession, so long as there's privity between them.
What is tacking?
This type of mortgage, which finances the purchase of the very property it encumbers, gets priority over the buyer's pre-existing judgment creditors
What is a purchase money mortgage?