What statute does Georgia follow regarding deed recording?

In Georgia, the statute governing deed recording is the race-notice statute. This means that for a deed to be effective against subsequent purchasers, it must be recorded. Under the race-notice system, a subsequent purchaser will prevail if they record their deed before the previous one is recorded, and they must also be a bona fide purchaser—meaning they purchased the property without notice of the earlier deed.

This statute provides a balance between encouraging the recording of interests in property, which helps to maintain an accurate public record, and protecting those who may unknowingly buy property that is encumbered by earlier claims. In contrast, a race statute would only focus on who records first without considering notice of prior claims, and a notice statute would protect a bona fide purchaser without requiring them to record first. The "first in time" characterization is not a recognized statute in Georgia, as it does not encompass the procedural requirements set forth in the race-notice context. Thus, the race-notice statute accurately defines how Georgia handles the priority of deeds based on recording practices along with the bona fide purchaser rule.