Grouped by the record at issue.

Foreclosure of Right of Redemption

The foreclosure is a nonjudicial statutory and constitutional procedure that requires a foreclosure notice be sent to the delinquent taxpayer and interested parties by a means that is reasonably calculated to apprise and afford them a meaningful opportunity to redeem the tax sale property. If no eligible/qualified person or entity tenders the amount required by the statute for redemption by the expiration of the redemption period, the tax deed purchaser is vested with an absolute and unconditional title to the land. The foreclosure process, including notices of foreclosure, must be recorded on the real estate records memorializing the successful completion of the foreclosure of the right of redemption.

Quiet Title Actions

Quieting title is a broad equitable concept intended to provide marketable title to real property. Marketable title is meant to be the kind of title that enables the record owner to hold his land in peace with reasonable assurances that there are no flaws or doubts that will disturb his property’s market value if he wants to sell it. Marketable title is free from reasonable doubt. Doubtful title exposes the party to litigation. If conjecture or its possibility could arise in the future, the title may be considered defective enough to result in injury or diminished value of property in quantity or quality.

Title defects come in all shapes and sizes and can be discovered at any phase in ownership of property. For example, the defect may occur at the purchase, refinance, sale, from property improvements, death, foreclosure, or post-foreclosure issues. Common title defects include adverse possession; tax and foreclosure sales, prior or intervening liens, marital claims, legal description errors, defective instruments or acknowledgments, fraudulent conveyance; tax taking; boundary disputes; surveying errors; and competing claims, reverters, remainders, missing heirs, and lien holders. In a quiet title action, the burden is on the plaintiff to prove the strength of his or her own claim to the real estate, and not on the weakness of an opponent's claim.

Actions for Land

Litigation to establish or recover an interest in real property.

Foreclosures

Foreclosure is the method by which real property is sold and the sale proceeds applied against the debt. Foreclosure law ties the debtor’s obligation to pay the debt and release the property from the creditor, and the creditor’s right to insist on payment of the debt or sell the property and apply the proceeds toward the debt payment. In Georgia, the most common form of foreclosure is the contractually authorized nonjudicial power of sale that is inexpensive and expeditious to the creditor in the event of a default. Alternatively, a creditor may pursue judicial foreclosure against the debtor for a lien on the property.

Ownership by Adverse Possession

Title to property may be acquired by adverse possession by divesting the true owner of the title. Adverse possession is fixed by the duration, intention, and visible significance of the use by the adverse party. In Georgia, a squatter can acquire no rights to possession. However, if the adverse use is combined with a claim of right in the possessor, and not of another; such use has not have originated in fraud; and the use being public, continuous, exclusive, uninterrupted, peaceable, and not merely permissive, the adverse possessor acquires rights to the title.

In Georgia, the period for adverse possession of a tax deed is 4 years. To establish a tax deed title by prescription, the possessor must prove that his possession is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. In addition, the possession must originate in the user’s right to the land, not from fraud, and be public, continuous, exclusive, uninterrupted, and peaceable. During the period of use, it is necessary that the user give actual notice to the owner. Possession must be accompanied by good faith. For example, the payment of taxes shows both good faith and notorious possession.

Declaratory Judgments

A declaratory judgment proceeding gives the court authority to declare the rights and legal relations of any interested party. Under Georgia law, a declaratory judgment is not available for any and all controversies. Rather, a petitioner must first demonstrate facts or circumstances whereby he is in a position of uncertainty because of a dispute. Second, the uncertainty is required because some future action is properly incident to his alleged right. Third, the future action may reasonably jeopardize his interest without the direction from the court.

Eminent Domain

Eminent domain is the exercise of the superior right of the state to acquire private property for public usage without first paying just and adequate compensation. The state, known as the condemnor, makes a determination of the necessity to condemn specific private property and how much property is required. The condemnor must first make an initial payment of compensation before taking title. If any party is dissatisfied with the initial amount of the compensation, an appeal may be taken for a de novo jury trial regarding the amount of just and adequate compensation. In 2006, the Georgia General Assembly enacted the Landowner’s Bill of Rights and Private Property Protection Act that, among other requirements, requires the condemnor to make every reasonable effort to acquire expeditiously real property through negotiation. The pre-taking negotiation procedures are set forth in OCGA 22-1-9.

Inverse Condemnation

Where a government or its agents has legally caused damages to property caused by its negligent acts, the property owner may recover damages in an inverse condemnation action. The property owner must show negligence. A common inverse condemnation action involves the claim for diverting water onto private property, impairing access to property, causing mud and silt to flow onto property, or other damage to property. The private property owner must show that the proximate or predominate cause for the damage was caused by the public body rather than some other influence.

Partition Actions

A partition is the dividing of lands held by joint tenants into distinct portions that allows the tenants to hold separate estates. Georgia has a statutory partition procedure and an equitable partition action. In every case, the Court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either the partition or a sale if it appears that the present or prospective interest of any cotenant will not be protected by the partition or sale.

Deeds

Preparation and review of deeds conveying an interest in real property.

Affidavits

Preparation of affidavits used to support or clear a chain of title.

Title Examinations

A seller who cannot convey a marketable title will not close on a purchase transaction, and a wise purchaser never invests in land without obtaining satisfactory evidence of title. Title work begins with the preparation of an abstract of title. The abstract contains a full search of every record upon which the validity and marketability of the title depends. A chain of title can be assembled extending back through the necessary period of search. A study of surveys nay reveal a conflict between lines of possession, encroachments, visible easements, improvements near boundary lines, available access, and disputed boundaries.

The completion of a title exam should provide (1) an adequate description of the property; (2) names of the present owners, (3) all liens, encumbrances, easements, and any exceptions that will remain following a property sale. Tax Titles are sold on the doctrine of caveat emptor and not regarded as marketable until all possible claims of the former owner and other interests can be shows to be divested.