Real Property

The survey period proved to be an active one for cases and legislation involving real property. Particularly, the Georgia General Assembly, in apparent reaction to the housing and foreclosure crisis faced by the entire country, enacted consumer-friendly changes to the long-standing foreclosure statute. The courts were also active in review of real property issues, and as the number of cases involving real property issues continues to increase, it becomes more difficult to determine which cases should be contained in this Survey. Nevertheless, this Article discusses caselaw and legislative developments in Georgia real property law from June 1, 2007 through May 31, 2008.

The cases and legislation discussed in this Article were selected either for their legal significance, to update practicing attorneys, or in some cases to recognize trends. As the reader may see, however, some cases surveyed were selected for their unusual, thought-provoking, and sometimes entertaining facts.