Untitled Deck Flashcards
How can a joint tenancy be created in Georgia?
Georgia permits a joint tenancy to be created by a conveyance from one person to themselves and another (that is, there is no need for a straw person).
What is the effect of mortgages and security deeds on joint tenancy in Georgia?
Georgia regards a mortgage as security for a debt only, not as a transfer of title. The execution of a security deed by one joint tenant does not cause a severance.
Does Georgia recognize tenancy by the entirety?
Georgia does not recognize the tenancy by the entirety.
How is a tenancy at sufferance converted in Georgia?
In Georgia, it takes very little to convert a tenancy at sufferance into a tenancy at will. Any indication of the landlord’s permission for the tenant to stay will have this effect.
What is the landlord’s remedy for tenant abandonment in Georgia?
Georgia follows the traditional rule in determining a landlord’s remedies for abandonment. Mitigation of damages is not required. The landlord can terminate the lease, obtain another tenant while holding the original tenant liable, or permit the premises to remain vacant while collecting rent.
What constitutes a fixture in Georgia?
Anything intended to remain permanently in its place is a fixture, which constitutes part of the realty and passes with it.
Is there an implied reservation of easement by a grantor in Georgia?
In Georgia, there is no implied reservation of an easement by a grantor; there is only an implied grant in favor of the grantee.
How is a prescriptive easement acquired in Georgia?
In Georgia, a prescriptive easement in improved land can be acquired by 7 years of uninterrupted use. For wild lands, the use must last 20 years.
How can an easement be lost in Georgia?
An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues long enough to raise a presumption of release. Nonuse beyond 20 years may raise a rebuttable presumption of abandonment.
What is the status of oral licenses in Georgia?
An oral license is revocable unless the licensee has incurred expenses based on it, in which case it becomes an easement running with the land.
How long do real covenants last in Georgia?
Real covenants expire after 20 years unless renewed. Certain covenants can be perpetual unless otherwise provided.
What is the statutory period for adverse possession in Georgia?
Georgia provides for a statutory period of 20 years without written evidence of title, and 7 years with written evidence of title.
What prevents possession from being the basis of prescription in Georgia?
Actual fraud prevents possession from being the basis of prescription until the fraud is discovered.
Is color of title necessary for adverse possession in Georgia?
Color of title is not necessary to gain title by adverse possession, but the possessor must have a good faith belief in their right to possession.
What are land sale contracts known as in Georgia?
In Georgia, land sale contracts are also known as ‘bonds for title.’
