Updated July 07, 2022
The Georgia deed forms are a method by which property in Georgia is transferred, or conveyed, from one person to another. There are different types of deeds depending on your situation and your needs. Some deeds (warranty) have a guarantee built in where the seller is guaranteeing that he or she has the title and can legally transfer it. The quitclaim, on the other hand, has no guarantee, but the seller is releasing any claim he or she has to the property to the buyer. A limited warranty has a limited guarantee in that the seller warrants that he or she is legally able to pass title and that he or she hasn’t encumbered, or granted any interest, in the property since they owned it, but they do not guarantee that any transfers that happened before they acquired the property were clean transfers. In all cases, it is wise to have a title or property search completed to make sure there aren’t any surprise restrictions or transfers.
Law – Title 44, Chapter 5, Article 2 (Conveyances)
Recording – All deeds must be filed with the Clerk of the Superior Court.
Signing (Ga. Code Ann., § 44-5-30) – A notary public must attest to the execution of the deed, along with one other witness.
Deeds by Type
General Warranty – This type of deed provides a guarantee to the buyer that the seller will defend against any other claims made against the property. The seller warrants that he or she has a clean title and that he or she has the legal authority to transfer the property to the buyer.
Limited Warranty – This deed is similar to the warranty deed, in that it provides a guarantee, but it only guarantees any claims made through the seller. In other words, the seller will defend the buyer against anyone who claims to have received an interest from the seller while the seller owned the property.
Quit Claim – This type of deed only conveys the interest in the property that the seller may have. There is no guarantee that he has any interest in the property. He is just releasing his interest. It is important that a title search is completed so that you, as the buyer, can understand what interest you are purchasing.
Georgia Property Search
In Georgia, there are a number of ways to complete a title or property search. You can go to the Superior Court clerk’s office to conduct a search in person, or you can go to this site to conduct a search in all counties by going to the Clerk’s Authority Website. However, this option will require you to set up an account and pay a fee to view any documents. This page explains the different options for subscribing. The below instructions explain how to search, once you have subscribed:
Step 1 – Go to the Clerk’s Authority website:
Step 2 – Click on the “Search” button and you will be brought to this site:
Step 3 – Here you will have a choice of search options. You will want to do several searches for the property in question, including a lien search and a real estate search. First, click on the Real Estate Index button and you will see this drop down index.
Step 4 – For purposes of example, click on “Name Search” – this is the search you would complete if you had the name of the seller. You will be brought to this page:
Step 5 – Enter in the name of the grantor. You will want to search the grantor as the “grantee” to get the information on the property when it was transferred to him and then work backwards. However, once you click “search” you will be brought to this login page where you have to create an account.
