Untitled Deck Flashcards
What is the revocability of an oral license in Georgia?
An oral license is revocable if such revocation does not harm the licensee. However, it is irrevocable when the licensee has acted pursuant to it and incurred expenses, such as erecting valuable improvements.
In such cases, the license becomes an easement running with the land.
How can a covenant be terminated in Georgia?
A covenant may be terminated by: (1) a written release, (2) the merger of the benefited and burdened estates, or (3) the condemnation of the burdened property.
What is the expiration period for real covenants in Georgia?
Most real covenants expire after 20 years unless renewed.
What are the exceptions to the expiration of real covenants in Georgia?
Real covenants created solely by property owners and scenic covenants for the benefit of the public are perpetual unless otherwise provided.
How can a covenant be terminated by record owners in Georgia?
A covenant is terminated if at least 51% of the record owners of lots affected execute a document containing a legal description, a list of names of affected owners, and a description of the covenant. The document must be recorded within two years prior to the expiration of the initial 20-year period or a subsequent 20-year period.
What happens to covenants restricting land use in planned subdivisions in Georgia?
Covenants restricting land to certain uses in planned subdivisions of at least 15 individual plots are automatically renewed beyond 20 years, unless terminated.
What is the basic concept of adverse possession?
Possession for a statutorily prescribed period can ripen into title to real property if certain elements are met.
What is the statutory period for adverse possession in Georgia?
The statutory period is 20 years without written evidence of title, and seven years with written evidence of title.
What effect does actual fraud have on adverse possession in Georgia?
Actual fraud prevents possession from being the basis of prescription, and the statute does not run until the fraud is discovered.
What does ‘under color of title’ mean in adverse possession?
‘Under color of title’ means occupation is based on a document that purports to give title but does not. Color of title is not necessary in Georgia, but the possessor must have a good faith belief in their right to possession.
How does Georgia treat disabilities in relation to adverse possession?
The statutory period does not run against any person under a disability during the period of the disability, regardless of when the cause of action arose.
What are land sale contracts known as in Georgia?
Land sale contracts are also known as ‘bonds for title’ in Georgia.
What is required to enforce an oral land sale contract in Georgia?
To enforce an oral land-sale contract, there must be: (1) full payment accepted by the seller, (2) possession plus partial payment, or (3) possession plus valuable improvements.
What warranties are implied in Georgia land sale contracts?
Georgia law does not imply warranties as to the quality or condition of an existing new house by the builder-vendor, but a duty to disclose defects exists if there is special knowledge.
What remedies are available for breach of a land sale contract in Georgia?
The nonbreaching party may pursue either damages for breach of contract or specific performance. Georgia courts may award both specific performance and incidental damages.
