One Click Case Law for § 44-2-134
O.C.G.A. § 44-2-133 <-- --> O.C.G.A. §44-2-135

2010 Georgia Code

TITLE 44 - PROPERTY

CHAPTER 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS
ARTICLE 2 - LAND REGISTRATION
PART 4 - REGISTERS AND REGISTRATION
§ 44-2-134 - Filing caveat objecting to entry in title register; show cause hearing upon caveat

O.C.G.A. 44-2-134 (2010)
44-2-134. Filing caveat objecting to entry in title register; show cause hearing upon caveat


(a) If any person at interest objects to any entry, registration, or notation made by the clerk upon the title register, he may, unless such entry, registration, or notation has become conclusive by lapse of time under Code Section 44-2-122, file with the clerk of the superior court a caveat setting forth the entry, notation, or registration to which he objects, what interest he has in the subject matter, and the ground of his objection and praying for such relief as he desires and deems appropriate under the circumstances. The clerk shall note upon the title register the fact that a caveat has been filed and by whom and to what entry, notation, or act of registration it applies.

(b) After the filing of the caveat has been noted, the matter shall be presented to the judge who shall order all persons at interest to show cause on a day named why the relief prayed for in the caveat should not be granted. Upon proof being made that due notice has been given to all parties at interest, the judge shall proceed to hear the matter and shall render a judgment of the court giving direction to the matter and may thereupon require such entry, registration, or notation to be canceled or modified and may require the outstanding certificate of title and owner's certificate to be modified accordingly. To that end the court may require the outstanding owner's certificate of title to be brought into court by subpoena for the production of documentary evidence or other process, including attachment for contempt; and, if the court finds that production of the certificate cannot be compelled, it shall provide for publication of notice of the court's action thereon for a period of time not less than once a week for four weeks in the newspaper in which the sheriff's sales of the county are advertised, the expense of making the publication to be provided for in such manner as the court shall order.