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HB 49 - Property; provide for certain 50 year covenants

Irvin, Robert A (45th)

Status Summary	HC:	Judy	SC:		FR:	01/12/99	LA:	01/13/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property covenants and warranties, so as to provide for certain 50 year covenants; and for other purposes.

Code Sections - 44-5-60

HB 49                                              LC 11 9607 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 5 of Title 44 of the Official 
  1- 2  Code of Georgia Annotated, relating to property covenants 
  1- 3  and warranties, so as to provide for certain 50 year 
  1- 4  covenants; to repeal conflicting laws; and for other 
  1- 5  purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Article 3 of Chapter 5 of Title 44 of the Official Code of 
  1- 9  Georgia Annotated, relating to property covenants and 
  1-10  warranties, is amended by striking Code Section 44-5-60, 
  1-11  relating to covenants restricting land to certain uses, and 
  1-12  inserting in its place the following: 
 
  1-13    "44-5-60. 
 
  1-14    (a) The purchaser of lands obtains with the title, whether 
  1-15    conveyed to him at public or private sale, all the rights 
  1-16    which any former owner of the land under whom he claims 
  1-17    may have had by virtue of any covenants of warranty of 
  1-18    title, of quiet enjoyment, or of freedom from encumbrances 
  1-19    contained in the conveyance from any former grantor unless 
  1-20    the transmission of such covenants with the land is 
  1-21    expressly prohibited in the covenant itself. 
 
  1-22    (b) Notwithstanding subsection (a) of this Code section, 
  1-23    covenants restricting lands to certain uses, if executed 
  1-24    before July 1, 1999, shall not run for more than 20 years 
  1-25    in municipalities which have adopted zoning laws nor in 
  1-26    those areas in counties for which zoning laws have been 
  1-27    adopted. 
 
  1-28    (b.1) Notwithstanding subsections (a) and (b) of this Code 
  1-29    section, covenants which restrict land to certain uses and 
  1-30    which are executed on or after July 1, 1999, shall not run 
  1-31    for more than 50 years in municipalities which have 
  1-32    adopted zoning laws nor in those areas in counties for 
  1-33    which zoning laws have been adopted, but this subsection 
 
 
 
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  2- 1    shall not limit the renewal of covenants for 20 years as 
  2- 2    provided in subsection (d) of this Code section. 
 
  2- 3    (c) The limitation provided in subsection (b) subsections 
  2- 4    (b) and (b.1) of this Code section shall not apply with 
  2- 5    respect to any covenant or scenic easement in favor of or 
  2- 6    for the benefit of the United States or any department, 
  2- 7    bureau, or agency thereof; this state or any political 
  2- 8    subdivision thereof; or any corporation, trust, or other 
  2- 9    organization holding land for the use of the public, but 
  2-10    only with respect to such covenants and scenic easements 
  2-11    running in favor of or for the benefit of the land so held 
  2-12    for the use of the public.  Such covenants and scenic 
  2-13    easements shall run in perpetuity. 
 
  2-14      (d)(1) Notwithstanding the limitation provided in 
  2-15      subsection (b) of this Code section, covenants 
  2-16      restricting lands to certain uses affecting planned 
  2-17      subdivisions containing no fewer than 15 individual 
  2-18      plots  shall automatically be renewed beyond the period 
  2-19      provided for in subsection (b) of this Code section 
  2-20      unless terminated as provided in this subsection.  Each 
  2-21      such renewal shall be for an additional 20 year period, 
  2-22      and there shall be no limit on the number of times such 
  2-23      covenants shall be renewed. 
 
  2-24      (2) To terminate a covenant as provided in paragraph (1) 
  2-25      of this subsection, at least 51 percent of the persons 
  2-26      owning plots affected by such covenant shall execute a 
  2-27      document containing a legal description of the entire 
  2-28      area affected by the covenant, a list of the names of 
  2-29      all record owners of plots affected by the covenant, and 
  2-30      a description of the covenant to be terminated, which 
  2-31      may be incorporated by reference to another recorded 
  2-32      document.  By signing such document, each such person 
  2-33      shall verify that he or she is a record owner of 
  2-34      property affected by the covenant.  Such document shall 
  2-35      be recorded in the office of the clerk of the superior 
  2-36      court of the county where the land is located no sooner 
  2-37      than but within two years prior to the expiration of the 
  2-38      initial 20 year period or any subsequent 20 year period. 
  2-39      The clerk of the superior court shall index the document 
  2-40      under the name of each record owner appearing in the 
  2-41      document. 
 
  2-42      (3) No covenant that prohibits the use or ownership of 
  2-43      property within the subdivision may discriminate based 
  2-44      on race, creed, color, age, sex, or national origin. 
 
 
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  3- 1      (4) Notwithstanding any other provision of this Code 
  3- 2      section or of any covenants with respect to the land, no 
  3- 3      change in the covenants which imposes a greater 
  3- 4      restriction on the use or development of the land will 
  3- 5      be enforced unless agreed to in writing by the owner of 
  3- 6      the affected property at the time such change is made." 
 
  3- 7                           SECTION 2. 
 
  3- 8  All laws and parts of laws in conflict with this Act are 
  3- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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