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Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1999, to May 31, 2000. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases discussed below revisited issues from recent surveys and enlarged upon or clarified the holdings from those prior cases.

• Title to …

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1998, to May 31, 1999. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases decided during the survey period present issues on which the appellate courts were sharply divided and provide lively discussions of …

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in Georgia law of real property during the period from June 1, 1997 to May 31, 1998. The cases and statutes discussed in this Article were chosen for their significance to practitioners in Georgia, and not every case decided or statute passed during the survey period is mentioned. Of particular note, in one case decided during the survey period, the Georgia Court of Appeals clarified the reach of the Commercial Real Estate Broker Lien Act by defining what services will support the filing and foreclosure of a broker's lien under the statute

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys the case law and legislative developments in the Georgia law of real property from June 1, 1996 to May 31, 1997. The authors do not endeavor to chronicle every case decided or address each action by the Georgia Legislature during that period. Instead, they focus on those cases and statutory enactments that are likely to have some particular significance for legal practitioners in their day-to-day practice or that establish some new principle of law. During the past year, some of the more significant developments in real property law have come from the legislature, including the passage of …

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This article surveys case law and legislative developments in the Georgia law of real property from June 1, 1995 to May 31, 1996. The authors do not endeavor to chronicle every case decided in the survey period but, instead, focus on cases and other developments of general significance. This article discusses several significant cases decided during the survey period and the single meaningful alteration in Georgia statutes relating to real property.

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the Georgia law of real property for the period June 1, 1994, to May 31, 1995. The authors do not endeavor in this Article to comment upon every case or statute that touches on the law relating to real property. Instead, this Article is intended to provide practitioners with a convenient guide which focuses on developments of some significance, either by virtue of clarification of the law in a confused area or by its substantial effect on the practice generally.

1. Land Lines and Boundaries
2. Title to Land
3. Landlord/Tenant and Dispossession
4. Sales …

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the Georgia law of real property for the period June 1, 1993 to May 31, 1994. An overwhelming majority of cases decided by the Georgia appellate courts during the survey period reaffirmed established principles of real property law, albeit sometimes in unusual factual settings. The Georgia legislature was, however, actively creating new statutes and refining old ones. This article is intended to provide the practitioner with a convenient guide to both judicial and legislative activities during the survey period.

Lucas V. South Carolina Coastal Council: Low Tide For The Takings Clause, Marshall Currey Cook

Mercer Law Review

In Lucas v. South Carolina Coastal Council, the United States Supreme Court held that when a state government regulation rendered a landowner's property totally valueless, the landowner must be compensated unless common law nuisance doctrine at the time of the taking prohibited the use forbidden by the regulation. The Supreme Court reversed the South Carolina Supreme Court and remanded the case to determine whether any principles of nuisance and property law existed that prohibited the forbidden use under the statute-the building of an occupiable improvement. This Casenote will only address the court's analysis of the Takings Clause part of …

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

Perhaps because of the recession's adverse effect on real estate activity in Georgia, there have been fewer real property cases decided during the survey period than in recent years. However, there were several significant legislative enactments during the year. From decisions affecting the priority of lienholders to increased environmental legislation to several significant cases defining the obligations on a lender in a foreclosure sale, there have been a number of important developments in the past year of which real estate practitioners must be aware.

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

During the survey period, many cases addressed real property issues in Georgia. Georgia courts were most active in the areas of zoning, condemnation, and landlord-tenant law. In the following pages, the authors review certain cases that signal developing trends or provide guidance in a specific area of the law.

• Mineral Rights
• Easements
• Construction of Document
• Mortgages and Security Deeds
• Foreclosure
• Dispossession
• Landlord and Tenant
• Liens
• Sales Contracts
• Vendors and Purchasers
• Real Estate Brokers
• Trespass on Realty
• Zoning
• Eminent Domain and Condemnation
• Transfer Tax
• Legislation

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Barry G. Roberts

Mercer Law Review

Although the judicial and legislative developments during the survey period covered little new ground, several interesting developments occurred in Georgia real property law. In the following pages, the authors review some of the more noteworthy developments.

Real Property, George A. Pindar

Mercer Law Review

One who reads the judicial output of Georgia's appellate courts for the past decade can certainly be impressed with the high quality of the writing often found in these pages. We can understand why much of it goes unnoticed on the national scene, since other courts and law teachers are programmed by long tradition to look largely to the Northeastern States for legal scholarship. But we now find a stirring trend toward more progressive thinking and impatience with outworn platitudes in both appellate courts, as illustrated in some of the rulings discussed below.

Country Club Apartments V. Scott: Exculpatory Clauses In Leases Declared Void, Mitchell O. Moore

Mercer Law Review

In Country Club Apartments, Inc. v. Scott, the Georgia Supreme Court held that exculpatory provisions in leases are void as against public policy. The Georgia Supreme Court affirmed the judgment of the court of appeals upholding the denial of the defendant's motion for judgment on the pleadings

Real Property, George A. Pindar

Mercer Law Review

The period of this survey includes a great quantity of judicial writing from the Georgia appellate courts dealing with difficult problems and often accompanied by sharp and persuasive dissenting opinions.

Real Property--Interstate Land Sales Full Disclosure Act--Omission Of Bankruptcy Of Grandfather Corporation Not A Material Misrepresentation, Michael E. Satterwhite

Mercer Law Review

In Paquin v. Four Seasons of Tennessee, Inc. the United States Court of Appeals for the Fifth Circuit held that the developer's failure to include in a required property report the fact that it was the wholly owned subsidiary of a bankrupt corporation was not a material misrepresentation under section 1404(a)(2)(B) of the Interstate Land Sales Full Disclosure Act.

Real Property--State Has Title To Foreshores Of Georgia's Navigable Waters, Donna Bergh

Mercer Law Review

In State v. Ashmore, the Supreme Court of Georgia held that the State has fee simple title to the foreshore of all navigable tidewaters.

On December 6, 1973, the State of Georgia filed suit in the Superior Court of Glynn County disputing the defendants' right to develop for condominiums a beach and dune area on St. Simons Island, Glynn County, Georgia. The State asserted that the property belonged to the State and that the property had been dedicated to public use. The superior court, however, granted the motions of the Ashmores to dismiss the State's complaint for failure to …

Real Property, George A. Pindar

Mercer Law Review

No abstract provided.

Property, Real, Henry S. Barnes

Mercer Law Review

A goodly number of cases involving some phase of real property law reached the appellate courts during the year, however, the great majority turned on a question of pleading or practice rather than of real property law. Since a detailed analysis and discussion of all the cases will not be possible, only those decisions which indicate the establishment of new, or the growth, extension, or clarification of existing, principles will be mentioned.

Williams v. Thomas County is in line with the modern doctrine that any present interest in land is alienable. A possibility of reverter or a right .of entry …

Landlord And Tenant, Henry S. Barnes

Mercer Law Review

Despite the fact that during the year under consideration the courts have had to deal with run-of-the-mine cases, several interesting problems have been considered. It is the purpose of this article to discuss very briefly those cases which indicate the trend of the law in this field.

Where a vendor conveys land to a purchaser who intends to use the premises for a known purpose and, at the same time, orally agrees not to use adjoining retained land for the same purpose, he creates a restriction on the use of the retained land that equity will enforce against him. or …

Landlord And Tenant, Stephens Mitchell

Mercer Law Review

No abstract provided.

Property, Real, Stephens Mitchell

Mercer Law Review

The recent Georgia cases dealing with Real Property show a continued adherence to age-old rules but which broaden down from precedent to precedent to fit the changing character of circumstances.