§ 44-2-221 — Petition to register land

Georgia § 44-2-221

• Jurisdiction: Georgia
• Title: 44

Text

The following is prescribed as the form of petition to be used when application is made for the original register of lands: IN THE SUPERIOR COURT OF __________________ COUNTY STATE OF GEORGIA ) In re petition ) Civil action of __________________ ) File no.__________________ ) ORIGINAL PETITION FOR REGISTRATION OF LANDS The petition of __________________ shows: The petitioner applies to have the land hereinafter described brought under the provisions of the Land Registration Law, and his title thereto confirmed and registered as provided therein, and under oath shows the following facts: 1. Full name of each applicant __________________ __________________ 2. Residence of each applicant __________________ __________________ 3. Post office address of each applicant __________________ __________________ 4. The name and address of applicant's agent or attorney upon whom process or notices may be served (not required unless applicant is a nonresident) __________________ __________________ 5. Full description of the lands (giving also land district and lot numbers where the land lies in that portion of the state where the lands have been surveyed by districts and numbers; and if more than one parcel is included, describe each parcel separately and distinctly). __________________ __________________ __________________ containing __________________ acres. 6. What is the value thereof? $__________________ 7. At what value was it last assessed for taxes? $__________________ 8. What interest or estate does the applicant claim therein? __________________ __________________ 9. What is the value of the interest or estate claimed by the applicant? $__________________ 10. From whom did the applicant acquire the land? __________________ __________________ 11. Does the applicant claim title by prescription? __________________ (If so, set forth fully the color of title, if any, under which the prescription is claimed, and state the details of the possession by which it is claimed prescription has ripened. If the color of title consists of one or more instruments of record on the public records of the county, such instruments need not be copied or exhibited to the application otherwise than by giving the name of the grantor and the grantee, the date and nature of the instrument, and a reference to the book and page where recorded.) __________________ __________________ 12. Does applicant claim title by a complete chain of title from the state or other original source of title? __________________ __________________ 13. Is there a true and correct abstract of applicant's title papers attached hereto? __________________ 14. Do you know, or have information, of any other deed, writing, document, judgment, decree, mortgage, or instrument of any kind not set forth in the abstract which relates to this land or any part thereof, or which might affect the title thereto or some interest therein? If so, state the same. __________________ 15. Has the land, or any part thereof, ever been set apart as a homestead or exemption or as dower? If so, state particulars. __________________ __________________ 16. Who is now in possession of the land? __________________ __________________ 17. Do you know anyone else who claims to be in possession of the land or any part thereof? If so, give name and address. __________________ __________________ 18. Give name and address of each person occupying the land or any part thereof, and state by what right or claim of right such occupancy is held. __________________ __________________ 19. Give the name, residence, and address of each and every person, other than the applicants, who claim any interest, adverse or otherwise, vested or otherwise, in the land or any part thereof, stating the nature of the claim, and if any such persons are under disability of any kind, state the nature of the disability. Name Residence Address Disability (if any) Nature of. Claim __________________ __________________ __________________ __________________ __________________ __________________ 20. Give the name, residence, and address of the holder of every known lien, whether considered by the applicant to be valid or not. Name Residence Address Nature of. Lien __________________ __________________ __________________ __________________ __________________ 21. Give the names and addresses of the owners and occupants of all adjoining lands. __________________ __________________ 22. Is the land subject to any easement, except public highways and railroads in actual operation? If so, state fully. __________________ __________________ __________________ 23. Give age of applicant. __________________ 24. Is the applicant male or female? __________________; married or single? __________________; widow or widower? __________________ 25. If married, give wife's (or husband's) name, and include her or him in the list of defendants. __________________ __________________ 26. The applicant names as defendants the following persons whose names have been given above: __________________ __________________ __________________ __________________ __________________ and also all other persons "whom it may concern." Wherefore the applicant prays process and judgment accordingly. __________________ Petitioner's attorney (To be sworn to by each applicant. Verification in case of a corporation may be made by any officer thereof; in case of minor or other persons under disability, by the person filing the petition in his behalf.) I do swear that I have read the foregoing petition, and have examined the schedules thereto attached, and that the same are true to the best of my knowledge and belief, and that nothing has been withheld in the answers which would in anywise affect the title to the land or any interest therein or which would disclose any person claiming an adverse interest, valid or not. I do further swear that I bona fide believe that the applicant is the true owner of the estate he seeks to have registered. __________________ Petitioner Sworn to and subscribed before me, this __________________ day of __________________, __________________ __________________ Notary (If more than one applicant, they may verify jointly or by separate affidavits.) EXHIBIT A (Attach abstract of title)