​Section Members:

The Executive Committee Retreat was held August 28 where we set the agenda for the year. We are working on several important topics, including a request for a formal advisory opinion on mail away closings and monitoring the status of the pending remote online notarization bill and lis pendens bill.

Reminder: The State Bar of Georgia cannot take a position as to any pending legislation that pits two business types against each other under the decision in Keller v. State Bar of California, 496 U.S. 1 (1990). 

A virtual CLE was held October 15 at 10 a.m. for two hours of credit, including one hour of professionalism and one hour of trial practice. Jeff Schneider spoke on Technology and the Rules of Professional Conduct and Matt Mashburn provided his annual Real Estate Cases You Will Know by One Name.

Title Standards Seminar will be held November 5 starting at 8 a.m. There are limited in-person slots and livestream options for attendance. The CLE offers six hours, including one professionalism and two trial practice hours.

Commercial Real Estate Seminar on November 11 starting at 8:30 a.m. Also on November 11, the Executive Committee will host a reception to honor the Commercial Seminar Speakers and Law Student Scholarship Recipients.

Residential Real Estate Seminar will be held as three separate seminars of two hours each. The dates are January 13, February 3, February 17 from 10 a.m. to 12 p.m.

The Real Property Institute dates for this year have been announced. Please plan to join us in Hilton Head from May 19 - May 21. The Hotel Block is available at the following link and includes the option for Wednesday, May 18 check-in and Sunday, May 22 check-out:

https://www.omnihotels.com/hotels/hilton-head/meetings/state-bar-of-georgia-05182022

Reservations can also be made by Phone by calling 1-800-843-6664.  Ask for the group Code 051822STATEBARO.

Reservation Cut-Off:  Monday, April 19, 2022.

Recent Real Property Law Decisions of Note:

U.S. Bank Trust Nat’l Ass’n v. Cheiftan Atlanta, L.P., ___ Ga. App. ____, ____ S.E.2d ____, No. A21A0796 (Ga. Ct. App. Sept. 20, 2021): Case involved a forged cancellation of security instrument and a subsequent title affidavit.

WS CE Resort Owner, LLC v. Holland, __ Ga. App.____, 860 S.E. 2d 637 (2021: This case involved whether property owners in Chateau Elan have an implied easement over a golf course

Vazemiller v. Sanders, ___ Ga. App. ___, 861 S.E.2d 626 (2021):  This is a quiet title action regarding whether a closing agent’s knowledge of a deed was imputed onto the purchasers.

Freeport Title & Guaranty Inc. as Trustee of the 4977 Memorial Trust v. Teague, 360 Ga. App. 18, 858 S.E.2d 554 (2021): Case regarding the reversion period where the maturity date was omitted from the Security Deed.

City of Atlanta v. Carlisle, 359 Ga. App. 444, 858 S.E.2d 543 (2021): Inverse condemnation case and statute of limitations

D. Rose, Inc. v. City of Atlanta, 359 Ga. App. 533, 859 S.E.2d 514 (2021):   Inverse condemnation case involving denial of a variance
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Kent Altom
Chair, Real Property Law Section
State Bar of Georgia

As chair of the Real Property Law Institute 2020, I regret to advise that pursuant to the Florida Emergency Order on the COVID-19 pandemic issued by Florida Governor Ron DeSantis, the event has been cancelled. I appreciate all the hard work that has gone into the planning thus far, and we will certainly look at options later in the year once the country gets past this unforeseen crisis.

In the meantime, you should be able to cancel your reservation without penalty at this time.

We will re-visit this issue in the summer when things settle down and make a decision as to other options.

I know you share our thoughts and prayers for each other; this is a tight-knit legal community. Thank you for your patience during this unusual time.
Phil Wilkins

Chair-Elect, Real Property Law Section