ARTICLE 2 - LAND REGISTRATION
- PART 1 - IN GENERAL
- § 44-2-40 - Short title
- § 44-2-41 - Definitions
- § 44-2-42 - Performance of clerk's and sheriff's duties by deputies; liability
- § 44-2-43 - Fraud, forgery, and theft in connection with registration of title to land; penalty
- § 44-2-44 - Fraudulent acts by office of clerk personnel; penalties
- § 44-2-45 - Fraud or false entries by sheriffs and deputies; penalties
- § 44-2-46 - Fraudulent acts and malpractice of examiners; penalty
- § 44-2-47 - Reduction of felonies under this article to misdemeanors
- PART 2 - PROCEEDINGS TO REGISTER
- § 44-2-60 - Jurisdiction of superior court over matters in this article
- § 44-2-61 - Proceedings to be in rem; operation of decree
- § 44-2-62 - Procedure as to actions for registration; persons under disability
- § 44-2-63 - Persons claiming less than fee; establishing title without registration
- § 44-2-64 - Petition -- Verification; contents; description of land; surveys; amendments
- § 44-2-65 - Petition -- Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract
- § 44-2-66 - Petition -- Persons included as defendants
- § 44-2-67 - Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem
- § 44-2-68 - Appointment of resident agent for service on nonresident petitioner
- § 44-2-69 - Service upon state, county, or municipality
- § 44-2-70 - Waiver or acknowledgment of service
- § 44-2-71 - Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice
- § 44-2-72 - Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction
- § 44-2-73 - Effect of notice; appearances or pleadings as waiver of service, notice, and defects
- § 44-2-74 - Service on other persons found by examiner to be entitled to notice
- § 44-2-75 - Additional notice; judge's discretion
- § 44-2-76 - Who may file objections or cross-action to petition
- § 44-2-77 - Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue
- § 44-2-78 - Dismissal without prejudice
- § 44-2-79 - Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts
- § 44-2-80 - Treatment of land pending registration; appearance of person acquiring interest in land pending registration
- § 44-2-81 - No default judgment or decree
- § 44-2-82 - Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel
- § 44-2-83 - Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund
- § 44-2-84 - Review by Supreme Court
- PART 3 - EXAMINERS
- § 44-2-100 - Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit
- § 44-2-101 - Referral of case to examiner; preliminary report; contents; time of filing; evidentiary effect
- § 44-2-102 - Hearing; final report; delay of hearing to add new parties; notice
- § 44-2-103 - Examiner's powers; contents, filing, and notice of examiner's report; right to jury trial, new trial, and appeal; recommitment to examiner after trial or reversal on appeal
- § 44-2-104 - Authority to inspect pertinent records
- § 44-2-105 - Appointment of stenographer; compensation
- PART 4 - REGISTERS AND REGISTRATION
- § 44-2-120 - Furnishing and maintaining register books; issuance of owner's certificate of title
- § 44-2-121 - Signing and dating register entries and owners' certificates
- § 44-2-122 - Clerk's duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction
- § 44-2-123 - Clerk's duty to ensure proper execution of voluntary transfer; liability for damage or loss arising from registration of improperly executed transfer
- § 44-2-124 - Performance of duties upon disqualification, death, or disability of clerk
- § 44-2-125 - When recordation other than registration not required; filing instruments; admissibility of certified copies and use as evidence; recordation procedure when instrument is not in short f
- § 44-2-126 - Notation of lien or encumbrance on certificate of title -- In general
- § 44-2-127 - Notation of lien or encumbrance on certificate of title -- Registered encumbrances, rights, and adverse claims
- § 44-2-128 - Registration of transactions affecting unregistered land as notice
- § 44-2-129 - Registration of involuntary transactions on court's order; form
- § 44-2-130 - Cancellation of decedent's certificate and issuance of new certificate to personal representative
- § 44-2-131 - Declaration of title by descent upon petition; service of petition and publication of notice; transfer of registered title and issuance of new certificates; rights of surviving spouse
- § 44-2-132 - Compelling production of owner's certificate for registration of involuntary transfer; cancellation of certificate upon failure to produce it; notice of cancellation
- § 44-2-133 - Procedure for obtaining duplicate of lost owner's certificate
- § 44-2-134 - Filing caveat objecting to entry in title register; show cause hearing upon caveat
- § 44-2-135 - Obtaining notations in title register
- § 44-2-136 - Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation
- § 44-2-137 - What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside
- § 44-2-138 - What limitations govern actions by injured party for fraud or negligence
- § 44-2-139 - Registration and title certificate to run with land
- § 44-2-140 - Availability of prescription or adverse possession against registered land
- § 44-2-141 - Rights, burdens, and incidents as to both registered and unregistered land; validity of transfers of title by last registered owner
- § 44-2-142 - Notation of change of name on register and certificate
- § 44-2-143 - Notation of liens and lis pendens on register; effect absent notation
- § 44-2-144 - Freeing land from further registration; certificates as conclusive source of title; notation of encumbrances; when land automatically freed; registered land free of further registration
- PART 5 - CONVEYANCE, TRANSFER, AND DESCENT
- § 44-2-160 - Manner of recording deeds conveying title to registered land; validity of previous conveyances of registered land
- § 44-2-161 - Partial transfer of registered land; undivided interest; interest in particular portion; notations on register; issuance of certificates
- § 44-2-162 - Subdivision of registered land; procedure
- § 44-2-163 - Conveyance to secure debt; form; notation and registration; creditor's certificate
- § 44-2-164 - Assignment or negotiation of creditor's certificate; effect of transfer of indebtedness; surrender and cancellation of certificate; order of cancellation; notation
- § 44-2-165 - Sale by holder of creditor's certificate; application for transfer to purchaser; opportunity to object to transfer; order of application of sale proceeds
- § 44-2-166 - Transfer to secure debt; notation of bond for title or to reconvey
- § 44-2-167 - Validity and priority of unrecorded transfers of owner's certificate to registered lands
- § 44-2-168 - Descent of registered land as personalty
- § 44-2-169 - Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer
- § 44-2-170 - Right of personal representative to have registered land transferred to him where such land transferred to heirs before his appointment; action against heirs who have improperly appropr
- § 44-2-171 - Procedure for ascertaining, and transfer to, heirs or beneficiaries
- § 44-2-172 - Transfer by clerk pursuant to judgment; production of copy of decree and order
- § 44-2-173 - Petition for involuntary transfer; referral to examiner; notice; appointment of guardians ad litem; order of transfer
- § 44-2-174 - Attack on transfers made to hinder, delay, or defraud creditors; decree voiding such transfer; entry of cancellations and transfers on register and certificate
- § 44-2-175 - Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted
- § 44-2-176 - Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer
- PART 6 - ASSURANCE FUND
- § 44-2-190 - Payment into assurance fund upon original registration; determination of amount
- § 44-2-191 - Separate account for assurance fund
- § 44-2-192 - Investment of fund; application of income; transfer of excess
- § 44-2-193 - Action against fund -- Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons
- § 44-2-194 - Action against fund -- Parties defendant
- § 44-2-195 - Action against fund -- Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund
- § 44-2-196 - Action against fund -- How judgments satisfied when fund insufficient; interest
- § 44-2-197 - Liability of fund for registered owner's breach of trust
- PART 7 - FEES
- PART 8 - FORMS
- § 44-2-220 - Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms
- § 44-2-221 - Petition to register land
- § 44-2-222 - Process
- § 44-2-223 - Advertisement
- § 44-2-224 - Acknowledgment of service
- § 44-2-225 - Sheriff's return
- § 44-2-226 - Certificate of mailing; entry of such certificate on petition
- § 44-2-227 - Examiner's appointment
- § 44-2-228 - Oath of examiner
- § 44-2-229 - Referral to examiner
- § 44-2-230 - Preliminary report of examiner; schedules
- § 44-2-231 - Final report of examiner
- § 44-2-232 - Decrees of title
- § 44-2-233 - Book of decrees; index
- § 44-2-234 - Title register book; registered title number; index of title register
- § 44-2-235 - Duty of clerk to enter on new certificate all entries and notations of record
- § 44-2-236 - Certified copies of certificates of title or entries thereon
- § 44-2-237 - Recordation and notation of plat; attaching certified copy to certificate; fee
- § 44-2-238 - Recordation of lengthy description -- Reference on title register; effect
- § 44-2-239 - Recordation of lengthy description -- Notation on owner's or creditor's certificate; attaching certified copy; fee
- § 44-2-240 - Owner's certificate of title
- § 44-2-241 - Transfer of whole of registered estates, undivided interests, divided portions, and to secure debt, with power of sale
- § 44-2-242 - Creditor's certificate; endorsement of certificate
- § 44-2-243 - Transfer of portion or undivided interest to secure debt
- § 44-2-244 - Judge's order of transfer
- § 44-2-245 - Registration and recordation of mortgages
- § 44-2-246 - Notation of delinquent taxes or assessments
- § 44-2-247 - Notation of judgment
- § 44-2-248 - Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions
- § 44-2-249 - Cancellation of creditor's certificate
- § 44-2-250 - Request to cancel entries
- § 44-2-251 - Registration and notation of other voluntary transactions
- § 44-2-252 - Updating entries and notations on owner's certificate; clerk's endorsement
- § 44-2-253 - Filing cases; method of filing papers relating to registered lands