Georgia Statutes

§ 44-5-40 — Conveyance of future interests or estates

Georgia § 44-5-40

JurisdictionGeorgia

Title44

This text of Georgia § 44-5-40 (Conveyance of future interests or estates) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 44-5-40 (2026).

Text

Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession.

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Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction, or other development plans, permits, or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession.

Related

Folsom v. Rowell

640 S.E.2d 5 (Supreme Court of Georgia, 2007)

6 case citations

Wilkes v. Fraser

751 S.E.2d 455 (Court of Appeals of Georgia, 2013)

2 case citations

Darnell v. Holtzclaw

401 S.E.2d 521 (Supreme Court of Georgia, 1991)

James David Wilkes v. Nell Wilkes Fraser

(Court of Appeals of Georgia, 2013)

Legislative History

Amended by 2009 Ga. Laws 8,§ 44, eff. 4/14/2009. Amended by 2008 Ga. Laws 438,§ 3, eff. 7/1/2008.

Nearby Sections

15

§ 44-1-1

"Property" defined

§ 44-1-10

Ownership of offspring of domestic or owned animals

§ 44-1-11

Application and construction of provisions relating to estates

§ 44-1-12

What constitutes perfect title

§ 44-1-13

Removal of improperly parked cars or trespassing personal property; concurrent jurisdiction; procedure; automatic surveillance prohibited; penalty

§ 44-1-14

Abatement of hazard from abandoned well or hole; recovery costs; use of county funds

§ 44-1-15

Removal or destruction of survey monuments prohibited; exceptions; penalties

§ 44-1-16

Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1

§ 44-1-17

Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance

§ 44-1-18

[Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority

§ 44-1-2

"Realty" or "real estate" defined; extent of owner's interest in airspace

§ 44-1-3

"Personalty" defined; status of certain stocks

§ 44-1-4

"Estate" defined

§ 44-1-5

"Title" defined

§ 44-1-6

What things considered fixtures; movable machinery as personalty; effect of detachment from realty

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Bluebook (online)

Georgia § 44-5-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-5-40.