Property: GA distinctions

Question 1

In GA, when is a tenancy for years presumed?

Answer 1

If the lease is 5+ years long

Question 2

What is a lease less than 5 years presumed to be?

Answer 2

A usufruct (unless the lease provides otherwise)
A usufruct is a license to use another's property NOT an estate in land

Question 3

GA: notice requirement to end a tenancy at will

Answer 3

Landlord: must give 60 days to tenant
Tenant: must give 30 days to landlord

Question 4

What if a tenant fails to pay rent? How long must landlord wait to commence eviction?

Answer 4

7 day grace period in GA

Question 5

Does a landlord have a duty to repair in GA?

Answer 5

Yes if the tenant’s interest is a usufruct.

Question 6

What happens if it is a usufruct and landlord does not repair?

Answer 6

Tenant may make the repairs and deduct from rent.

Question 7

In GA, can a tenant assign or sublease a usufruct?

Answer 7

NOT without the landlord’s consent.

Question 8

What is the statutory period for adverse possession?

Answer 8

20 years

7 years if under color of title

Question 9

What is the statutory period for prescriptive easement?

Answer 9

wild land: 20 years

improved land: 7 years

Question 10

Adverse possession: is good faith required in GA?

Answer 10

GA: Yes. Adverse possessor must have good faith belief in her right to possession.
MBE: No.

Question 11

GA rule: tolling disabilities for adverse possession

Answer 11

Even if disability wasn’t in existence at the time adverse possession began, the period is tolled.

Question 12

GA Doctrine of partial performance: what acts will be sufficient to “prove up” the existence of a contract to allow specific performance

Answer 12

1. payment of full purchase price OR
2. possession + partial payment OR
3. possession + improvements

Question 13

To record a deed, what must you do in GA?

Answer 13

Proper attestation: 2 witnesses and one must be a notary

Even if not recorded, it is valid as b/w the two parties.

Question 14

Which warranty deed covenants run with the land?

Answer 14

All 6 (both present and future)

MBE: only future covenants run w/ land

Question 15

What recording statute does GA have?

Answer 15

Race notice:

to win out, subsequent purchaser must take WITHOUT NOTICE and RECORD FIRST

Question 16

Water rights: what does GA follow?

Answer 16

riparian rights

Question 17

Surface water runoff or flood water: what does GA follow?

Answer 17

natural rights (landowner can only take reasonable means to deal with surface waters)

Question 18

In GA, if there is no time specified for termination, what type of tenancy?

Answer 18

tenancy at will

MBE: periodic

Question 19

What if landlord improperly withholds the security deposit?

Answer 19

Liable to tenant for 3x the amount withheld plus reasonable attorney’s fees

Question 20

Abandonment of an easement

Answer 20

Where there has been nonuse for a sufficient time, presumption of release or abandonment

Question 21

Irrevocable license

Answer 21

If a person acts on an oral license and incurs expenses, the license becomes an EASEMENT running with the land.

Question 22

How long can covenants restricting land be good for?

Answer 22

20 years

automatically renewed for subdivisions

Question 23

Where do you record your deed in GA?

Answer 23

Office of the clerk of the superior court where the land is located.

Question 24

Exoneration of encumbrances

Answer 24

When will devises property, rebuttable presumption of exoneration of mortgages

Question 25

What security interest is commonly used in GA?

Answer 25

Security deed: title passes to grantee until the debt is paid

Question 26

Does GA recognize a right to statutory redemption?

Answer 26

NO

Question 27

Deficiency judgment: when is it permitted?

Answer 27

Must have approval of superior court judge showing that the land was sold for market value

Question 28

What happens if you bring an action for partition? What county in GA should it be filed in?

Answer 28

It is a local action and should be filed in the county where the land is located.

During the partition action, the court should consider whether it should just divide up the land or whether it should be sold and the proceeds given. This depends on whether there would be equal value or if one part of the land is more valuable.

Question 29

What is a tenant entitled to occupy in a tenancy in common?

Answer 29

Right to possess the whole – if a tenant in common occupies no greater portion of the property than his share would be on partition, he is not liable for the rental value of the land.

Question 30

What if a tenant in common removes timber from the land?

Answer 30

1. Was it waste: ask whether the land was being used for this purpose before –> if not, this is waste
2. If not waste, did the tenant take more than his share? If he did, he must account for the money he received to the others.

Question 31

What if you want to partition land and one of the tenants in common lives in another state? How do you get jurisdiction over that person?

Answer 31

Use the GA long arm statute - it is triggered when an out of state resident owns, uses, or possesses any real property in GA