Did you know that Georgia is the largest state east of the Mississippi River and home to the oldest state park in the nation? Georgia also has 159 counties, which is more than any other state east of the Mississippi. Almost 11 million residents call Georgia home. With that many counties and that many people, the government deals with a lot of property records.

Georgia property records include deeds, tax bills, appraisals, building permits, liens, and much more. These records affect homeowners and the government offices that maintain them. Property records dramatically impact real estate sales and can influence the value of a piece of real property. These valuable documents are legally binding and come into play in many situations.

Use this guide to learn what property records are, the information they contain, the different types and government offices that maintain them, how to search for and change them, and how they affect real estate transactions.

Property records in Georgia are legal documents that pertain to real property. Some of these records perform functions such as deeds and transfer ownership of property. An appraisal or assessment helps to set tax rates and provides an opinion of the value of the property.

People and government offices create property records. They are typically filed and stored with the local county offices or court system. Depending on the type, they may be created by local government officials, attorneys, court personnel, or even private citizens.

Sources of Property Records in Georgia

Unlike many states, Georgia property records are filed and maintained by the local county Superior Court clerk's office. Tax records may be found at the local county commissioner's office or with the Georgia Department of Revenue.

Most states have a local county recorder or registry of deeds where people file their property records. Georgia, however, handles it all through the court system. You must contact or visit the local county Superior Court clerk's office to file or find Georgia property records. For example, if you are interested in Fulton County property records, you can visit their website. The county's court website states that "The Fulton County Clerk of Superior and Magistrate Courts Real Estate Division is responsible for recording and indexing all Fulton County real estate deeds, lien filings, plats, condominium floor plans, military discharges, partnerships, trade names, and Uniform Commercial Code filings (UCC)."

How Property Records are Maintained in Georgia

Property records in Georgia are created by different people and filed with the local county Superior Court clerk. That office maintains them and provides copies to anyone who wishes to view the public records.

With real estate deals, the title company or attorney handling the closing will file the appropriate paperwork with the court. If it's a private deal, the person managing it will file.

Accessing Records at the Superior Court Clerk's Office in Georgia

The Superior Court clerk's office also processes requests for changes in records. If you need to correct a deed in Burke County, you can visit their website or their offices in person.

You have the right to access public property records. You can request copies with any of the local Superior Court clerk's offices. You may have to wait while they locate the records, and you could be charged a fee. The state of Georgia allows these counties to charge 10 cents per page.

Superior Court Clerk's Locations in Georgia

Georgia provides this handy lookup tool for finding all the Superior Court Clerks in Georgia. Click on the county to see all the information. You will find the clerk's:

• Name
• Address
• Phone
• Email Address
• Information About the Clerk, Including Their Political Affiliation
• Office Hours

Property records include many different types of documents. Some of the most common are deeds, mortgages, liens, taxes, easements, plats, and surveys. In Georgia, a specific government entity is responsible for filing and maintaining different property records.

Encumbrances that can drastically affect property records are liens. They are legal claims on the property for an unpaid debt. They can decrease the value of the home and make it difficult to sell. Thankfully, you can find out if a property has liens on it by checking property records.

Voluntary Liens

Involuntary Liens

Attorneys, title companies, investors, real estate professionals, and others often need to look up property records for various reasons. The key to finding what you need is to know where to look. The following sources can help you find property records efficiently.

Online Property Record Search

The first place to look for property records is online. Type the property address into the search bar of your favorite browser and see what comes up. If you don't see detailed enough results, you can try the owner's name or one of the sources below.

In-Person Property Record Search

You can always visit the local county Superior Court clerk's office in person. However, they may charge you up to 10 cents per page, and depending on how busy they are, you may have to wait for service. Finding records online will be faster.

Using Property Record Indexes

Each county has its own website; you can find clerk's information online using those repositories. Some examples where you can find records are:

You can also try realty sites and other third-party options, but you need to know how often the data has been updated or how current the records are.

Property ownership can be exciting, but it comes with certain responsibilities. There are also costs involved, such as annual taxes, and your information will be recorded in public records. Deeds not only transfer ownership but also validate that someone owns the property legally.

Another very important aspect of property records is the legal property description. You can find this information on deeds, mortgages, liens, property taxes, and other records. The property description comes from the county property manager, who is the Superior Court clerk's office in Georgia. It clearly describes the property with landmarks and other features so anyone can locate and identify it.

Surveys and Land Measurements

Surveys are conducted by specialized personnel using certain technological equipment that measures boundary lines. Surveys are used to determine or verify property lines for sub-surface improvements or installation of wells or sewers. They may be used in new construction or existing property.

Boundary Disputes and Resolutions

When one person believes that another is trespassing on their land, they may go to the courts to resolve the issue. Surveys may be used to verify land boundaries. Both parties should consult attorneys to help them win their cases.

Property records come in very handy when buying or selling property. You can learn a lot from them and prepare yourself with details that you might not otherwise know.

Buying Property: Due Diligence

When buying property in Georgia, do yourself a favor and find out all you can about the property beforehand. A little bit of due diligence can help you avoid headaches later, like finding out the property has liens on it or is in foreclosure.

Selling Property: Providing Disclosure

When selling property, you are required by law to provide disclosures. For example, in Georgia, you must disclose any material defects in the physical condition of the property. If you are unaware of any, you might use property records to research the place's history.

Title Searches and Insurance

Anyone handling a real estate closing will scour property records in an attempt to find any issues that could halt the sale. Lenders require buyers to purchase title insurance to protect them if anyone with a legal claim on the property does not show up after the sale.

Foreclosure and Property Records in Georgia

Foreclosure records can help investors find inexpensive properties to fix up and sell at a profit. Regular buyers might want to be cautious of homes that are in foreclosure. The rate of foreclosures in Georgia is one in every 4,195 households, with Irwin, Taliaferro, and Pulaski having the most foreclosures per housing unit. In 2008, the state had the eighth-highest foreclosure rate in the nation. Delinquency and foreclosure rates were stable at 2.5% and 0.5% between 2000 and 2006. By 2010, the delinquency rate had reached 10%, and the foreclosure rate was 4%.

Types of Foreclosures in Georgia

Georgia is a non-judicial foreclosure state. Therefore, all foreclosures in the state are non-judicial, meaning the lender has no obligation to file a lawsuit to initiate foreclosure activities.

Property values are among the most impactful pieces of information about a property. The average home value in Georgia is $321,821. Home prices have risen roughly 4.1% yearly for the past few years.

Property value information can help investors, buyers, and sellers. Property values can be found in appraisals, assessments, tax bills, mortgage documents, and other records.

Assessments and Appraisals

Appraisals are used liberally when buying a house. Lenders require that buyers pay for an appraisal to determine the home's value and ensure it supports the loan.

Tax professionals use annual assessments (which differ slightly from an appraisal) to determine land values for taxes.

Since property records are public, they will have information on them about the current and past owners. The question is how much information is exposed in public property records. It depends on the source and the original document.

Accessing Public Property Records

Anyone can access public property records without a reason. You have the right to request copies of any public records, including property records. You can access them online or visit in person. You must pay for copies if you get them from an official government office.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your personal information from property records. It's your responsibility to make sure nothing about you is out there that you don't want. You can contact the sources of property records and ask them to remove sensitive information like your email address or phone number. Your name and address will remain. Some information can be blocked out, and some cannot.

It is crucial to update property records and keep them current as things change. You are responsible for maintaining your property records and must contact the proper agency to fix or update them as needed.