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Georgia real estate conveyances must comply with statutory execution and recording requirements found primarily in Title 44 of the Georgia Code. A deed conveying real property must be an original written instrument signed by the grantor and properly attested or acknowledged (O.C.G.A. § 44-5-30).

Unlike some states, Georgia does not mandate a single statutory deed form. No particular wording is required so long as the instrument clearly expresses the intent to convey an interest in land (O.C.G.A. § 44-5-33). In residential transactions, warranty deeds are common. Limited warranty deeds and quitclaim deeds are also frequently used, depending on the scope of title assurances intended.

Execution and Attestation

Georgia places particular emphasis on attestation. A deed must be attested or acknowledged in accordance with statutory requirements before it is eligible for recording. Acceptable attesting officers include judges of courts of record, magistrates, notaries public, and clerks or deputy clerks of the superior court (O.C.G.A. § 44-2-15).

If executed within Georgia, the attesting officer must act within the county of his or her authority (with limited exceptions). If executed outside Georgia, the deed must be acknowledged before an authorized officer and attested by two witnesses, one of whom may be the acknowledging official (O.C.G.A. § 44-2-21).

Recording Requirements

Deeds must be recorded in the office of the clerk of the superior court in the county where the property is located (O.C.G.A. § 44-2-1). Instruments submitted for recordation must be originals and properly attested. The deed must include, at the top of the first page, the name and mailing address of the person to whom the recorded instrument should be returned (O.C.G.A. § 44-2-14).

Recording provides constructive notice to third parties. Georgia follows a race-notice recording system. An unrecorded deed may be valid between the parties, but it will lose priority to a subsequent bona fide purchaser for value who records without notice of the earlier deed (O.C.G.A. §§ 44-2-1; 44-2-2).

Georgia law also addresses voluntary deeds. An unrecorded voluntary conveyance (for example, one made without valuable consideration) may be void against subsequent bona fide purchasers without notice. If properly recorded, however, the voluntary deed can obtain priority (O.C.G.A. § 44-2-3).

Who May Convey Property

Any person of lawful age may convey real property in Georgia. Corporations may also convey property, subject to statutory requirements. Georgia law addresses alien ownership and corporate ownership in specific contexts (O.C.G.A. § 1-2-11; § 16-14-15). A deed executed while land is held adversely by the grantor is not automatically void (O.C.G.A. § 44-5-43).

Vesting and Form of Ownership

The manner in which title is held (for example, individually or as joint tenants with right of survivorship) determines the legal effect of the conveyance and should be clearly stated in the deed. Different forms of ownership carry different rights of transfer and survivorship consequences.

Because Georgia emphasizes proper attestation and county-level recording through the clerk of superior court, careful execution and prompt recording are essential to protect priority and ensure the conveyance is enforceable against third parties.