Georgia property laws sit mainly in Title 44 of the Georgia Code, with federal statutes layered on top for closings, fair housing, and military protections. Together they control how you take title to a home, what a valid deed looks like, how your tax bill is calculated, what a landlord can and cannot do, and how a foreclosure or boundary dispute plays out. The rules favor clarity on paper: what your deed says, what your lease says, and what gets recorded at the courthouse usually decides the outcome.
How You Hold Title in Georgia
Fee simple is the fullest form of ownership. It lets you sell, lease, mortgage, or pass the property to your heirs, and most residential purchases create it by default unless the deed says something different.
When two or more people own together, Georgia presumes tenancy in common. Each co-owner holds a separate share, the shares can be unequal, and any owner can sell or transfer their piece independently. If one co-tenant dies, their share passes through their estate rather than to the other owners. Any co-owner who wants out can file a partition action asking the court to divide the property or order it sold.1Justia Law. Georgia Code 44-6-160 – Grounds for Partition; Jurisdiction
Joint tenancy with right of survivorship works differently. When one owner dies, their share automatically transfers to the surviving owners and bypasses probate. Georgia does not presume this arrangement, though. The deed has to expressly use language like “joint tenants with survivorship” or “joint tenants and not as tenants in common.” Without that specific phrasing, the law treats the arrangement as a tenancy in common.2Justia Law. Georgia Code 44-6-190 – Construction of Instruments of Title
Transferring Property: Deeds, Recording, and Closing Costs
Any transfer of real property in Georgia runs through a deed, and the type matters. A warranty deed gives the buyer the strongest protection because the seller guarantees clear title and promises to defend against future claims. A quitclaim deed transfers only whatever interest the seller happens to have, with no guarantees. Quitclaim deeds show up most often between family members or divorcing spouses.
For a deed to be valid, the grantor has to sign it and an authorized officer has to attest that signature. A notary public, judge, magistrate, or clerk of superior court all qualify.3Justia Law. Georgia Code 44-2-15 – Officers Authorized to Attest Registrable Instruments Georgia also requires one additional witness beyond the attesting officer. Recording the deed in the county clerk’s land records is not what transfers ownership between buyer and seller, but skip it and you have no public notice protecting you against later claims by third parties.
Before closing, buyers typically run a title search to uncover liens, easements, or other encumbrances. Title insurance is not legally required, but most mortgage lenders require it as a condition of the loan.
Intangibles Tax on the Mortgage
Georgia does not charge a traditional transfer tax on the deed itself. It does charge an intangibles recording tax on instruments that secure a long-term loan, such as a deed to secure debt. The rate is $1.50 per $500 of the loan amount, or $3 per $1,000 borrowed.4Georgia Secretary of State. Subject 560-11-8 Intangible Recording Tax On a $300,000 mortgage, that comes to $900, usually paid at closing.
FIRPTA When the Seller Is Foreign
If the seller is a foreign person or entity, federal law requires the buyer to withhold 15% of the sale price and send it to the IRS under the Foreign Investment in Real Property Tax Act.5Internal Revenue Service. FIRPTA Withholding Reduced rates or exemptions may apply depending on the sale price and how the buyer intends to use the property.
Lead Paint in Pre-1978 Homes
Federal law requires sellers and landlords of any residential property built before 1978 to disclose known lead-based paint hazards before the buyer or tenant is bound by a contract. The seller has to hand over an EPA-approved lead hazard pamphlet, share any inspection reports they have, and disclose what they actually know about lead paint on the property.6eCFR. Title 24 Part 35 Subpart A – Disclosure of Known Lead-Based Paint and Lead-Based Paint Hazards Upon Sale or Lease of Residential Property Buyers get at least a 10-day window to hire an inspector, though both sides can agree in writing to a different timeline or the buyer can waive the inspection. The contract has to include a signed lead warning statement.7eCFR. Title 24 Part 35 – Lead-Based Paint Poisoning Prevention in Certain Residential Structures
Property Taxes and Homestead Exemptions
Georgia taxes real property based on assessed value, which the law fixes at 40% of fair market value.8Justia Law. Georgia Code 48-5-7 – Assessment of Tangible Property A home the county appraises at $300,000 has an assessed value of $120,000, and the tax bill is that figure multiplied by the local millage rate. County assessors set fair market value using comparable sales, property characteristics, and location.
If you think the appraised value is too high, you can appeal to the county board of equalization. The appeal generally has to be filed within 45 days of receiving your assessment notice.
Homestead Exemptions
Georgia’s standard homestead exemption reduces the taxable assessed value of your primary residence by $2,000 for county and school taxes.9Georgia Department of Revenue. Property Tax Homestead Exemptions Additional exemptions stack on top for qualifying homeowners:
- Age 62 and older: an additional exemption of up to $10,000 of assessed value for educational taxes, available when combined household income does not exceed $10,000 (excluding certain retirement income).
- Age 65 and older: a $4,000 exemption from all county ad valorem taxes, subject to the same income threshold.
- Disabled veterans: an exemption of at least $32,500, though the actual amount can be significantly higher based on the maximum grant under federal law (over $121,000 in recent years).
Counties and cities often offer their own homestead exemptions on top of the state ones. You generally have to apply through your county tax assessor; the exemption doesn’t happen automatically.
Capital Gains When You Sell
When you sell your primary residence, federal tax law lets you exclude up to $250,000 in capital gains from income, or up to $500,000 if you file jointly. You qualify by owning and living in the home for at least two of the five years before the sale.10Internal Revenue Service. Topic No. 701, Sale of Your Home Georgia income tax generally follows the federal treatment.
Landlord and Tenant Rules
Georgia’s landlord-tenant statutes sit in Title 44, Chapter 7. They give landlords more flexibility than many other states, and a few Georgia-specific rules catch tenants off guard.
Repairs and Rent Withholding
Landlords have to keep rental properties habitable and make necessary repairs. Here is where Georgia diverges from other states: it does not give tenants the right to withhold rent or deduct repair costs when a landlord fails to fix something. If the landlord ignores a repair request, your legal remedy is to sue. Paying less than the full rent owed gives the landlord grounds to start eviction proceedings, even if the property genuinely needs work.
Security Deposits
Georgia sets no statutory cap on how much a landlord can charge for a security deposit. Landlords who own more than 10 rental units have to follow specific return rules: 30 days after regaining possession of the unit to return the deposit, minus deductions for actual damages beyond normal wear and tear.11Justia Law. Georgia Code 44-7-34 – Return of Security Deposit Landlords with 10 or fewer units are exempt from these statutory requirements, which means smaller landlords have more discretion over timing and deductions.
Late Fees and Lease Terms
Landlords can charge late fees, but only if the lease says so and the amount is reasonable. Beyond that, the lease controls: what it says about maintenance, pets, and lease-break penalties will usually govern any dispute.
Eviction Process
Evictions follow a set sequence. The landlord first demands that the tenant vacate, ideally in writing. If the tenant stays, the landlord files a dispossessory affidavit with the magistrate, state, or superior court in the county where the property sits. The court serves the tenant, who has seven days to respond. Self-help evictions like changing locks, cutting utilities, or removing belongings are illegal no matter how far behind the tenant has fallen.
Screening and Fair Housing
When a landlord uses a credit report or background check and denies your application based even partly on what it says, federal law requires written notice identifying the reporting agency, stating that the agency did not make the decision, and telling you about your right to dispute the report and request a free copy within 60 days.12Federal Trade Commission. Using Consumer Reports: What Landlords Need to Know
The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability, and it applies to landlords, sellers, lenders, and real estate agents across Georgia.13U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act Tenants with disabilities can request reasonable accommodations, including keeping an assistance animal in a no-pets property, as long as they provide supporting documentation when the need isn’t obvious.14U.S. Department of Housing and Urban Development. Assistance Animals
Easements and Access Rights
An easement gives someone the right to use part of your property for a specific purpose without owning it. Utility companies commonly hold easements to run power lines or water pipes across private land, and neighboring owners can hold right-of-way easements to reach a public road.
Easements come about in three ways. An express grant is a written agreement, usually recorded with the deed, spelling out what the easement allows. An easement by necessity arises when a property is landlocked and the owner has no other reasonable way to reach a public road; courts imply this kind even without a written agreement.
The third type, prescriptive easement, is essentially adverse possession applied to a path or roadway. A private way that has been in constant, uninterrupted use for seven or more years becomes legally protected, and the landowner cannot block it.15Justia Law. Georgia Code 44-9-54 – Establishment of Private Way by Prescription, Generally The person claiming the prescriptive right has to show they kept the way open and in repair during that period and that the landowner took no legal steps to stop the use.
Adverse Possession of Land
Someone who occupies land without permission can eventually claim legal ownership, but the requirements are strict. The possession has to be public, continuous, exclusive, uninterrupted, and peaceable, and it must be accompanied by a claim of right.16Justia Law. Georgia Code 44-5-161 – Requirements of Possession The statutory period is 20 years, meaning the claimant has to openly treat the land as their own for two decades while the actual owner does nothing to stop them.
The period drops to seven years if the person claiming adverse possession holds a written document that appears to transfer title (even one that turns out to be legally flawed), as long as they didn’t know about the defect when they took possession.17Georgia General Assembly. House Bill 1588, Section 4 – Georgia Code 44-5-164 Either way, the claimant has to file a quiet title action to establish ownership. Occupying land, even for the full statutory period, doesn’t transfer title on its own; you need a court order.
Foreclosure in Georgia
Georgia is a non-judicial foreclosure state. Lenders can foreclose without going through court as long as the mortgage or deed to secure debt contains a power-of-sale clause, and virtually all of them do.
Notice and Sale
The lender has to send the borrower a notice of default and the right to cure at least 30 days before publishing the notice of sale. The notice of sale then runs in the county’s legal organ once a week for four weeks before the sale date.18Justia Law. Georgia Code 44-14-162 – Sales Made on Foreclosure Under Power of Sale The sale itself takes place on the first Tuesday of the month, between 10:00 a.m. and 4:00 p.m., on the county courthouse steps. A borrower can stop the process by paying the full overdue amount before the sale.
No Post-Sale Redemption
Georgia does not give borrowers a statutory right to reclaim the property after the foreclosure sale. Once the hammer falls, the sale is final.
Deficiency Judgments
If the property sells for less than the outstanding loan balance, the lender can pursue the borrower for the difference, but only after reporting the sale to a superior court judge within 30 days and obtaining a confirmation order.19Justia Law. Georgia Code 44-14-161 – Sales Made on Foreclosure Under Power of Sale; Deficiency Judgment The court looks at whether the property sold for its true market value. If it did, the deficiency judgment is allowed. If the sale price was unreasonably low, the court can deny it. This is a meaningful protection that many borrowers don’t realize exists.
Active-Duty Service Member Protections
Active-duty service members get additional protection under the federal Servicemembers Civil Relief Act. For non-judicial foreclosures like Georgia’s, a lender has to obtain a court order before foreclosing on a mortgage the borrower took out before entering military service. The protection extends for one year after the service member’s military service ends. Courts can stay the foreclosure or adjust payment terms when military duty materially affected the borrower’s ability to pay.20U.S. Department of Justice. Financial and Housing Rights
Zoning and Land Use
Zoning in Georgia is local. City and county governments divide land into residential, commercial, industrial, and agricultural districts through ordinances, and each district carries its own restrictions on what you can build, how tall structures can be, how close they can sit to property lines, and what activities are allowed. If you want to use your property in a way the current zoning doesn’t permit, you apply for a variance or rezoning through the local planning commission. Variance requests typically require showing that strict compliance would create an unnecessary hardship given the specific characteristics of your lot. Because these rules vary by jurisdiction, the answer to what you can do on a particular parcel comes from your local zoning ordinance, not from state law.