One Click Case Law for § 44-2-137
O.C.G.A. § 44-2-136 <-- --> O.C.G.A. §44-2-138

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
§ 44-2-137 - What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside

O.C.G.A. 44-2-137 (2010)
44-2-137. What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside


(a) Except in cases of fraud or forgery to which he is a party or to which he is a privy without valuable consideration paid in good faith, every registered owner of any estate or interest in land brought under this article shall hold the land free from any and all adverse claims, rights, or encumbrances not noted on the certificate of title in the title register except:

(1) Liens, claims, or rights arising or existing under the laws or Constitution of the United States which the laws of this state cannot require to appear of record under registry laws;

(2) Taxes and levies assessed for the current calendar year;

(3) Any lease for a term not exceeding three years under which the land is actually occupied; and

(4) Highways in public use and railroads in actual operation.

(b) No proceedings to attack or to set aside any transaction for such fraud or such forgery referred to in this Code section shall be brought or be entertained by any court unless the same is brought within seven years from the date of the transaction or of the registration to which the same relates. Nothing in this subsection shall conflict with the provisions of this article allowing attack for good cause to be made upon a registration made by the clerk at any time within 12 months from the date of such registration.