This is a title search checklist for Georgia land, built for Lumpkin County. Tell the Title Risk Finder three things: who you are (buying, selling, inherited land or an agent), what kind of property it is (raw land or acreage, a cabin or home on acreage, a subdivision home, a condo or townhome, or an in-town lot) and what you already know about the land. That last part covers things like a private road or a driveway across a neighbor, no road frontage, an old survey, a creek, a national forest line, known or suspected graves, old mine workings, an estate or foreclosure in the history, or recent construction. It returns the checks that apply to that mix.
Each check gives you three things:
- What to check, grouped as records, liens and money owed, access and boundaries, owners and heirs, the land itself, and the commitment and policy.
- Where the record lives: the office or online index, such as the Clerk of Superior Court’s deed books, the GSCCCA indexes, Probate Court, the Tax Commissioner or the Planning Department.
- The rule behind it, linked to its source: a Georgia Code section, a county ordinance or a federal rule, with the date we checked it.
Checks are marked “Clear first”, “Check” or “Know this” so you can see which ones to look at first. Keep in mind how far the online records reach. GSCCCA’s deed index covers all Georgia counties since at least January 1, 1999, and its lien and plat indexes since at least January 1, 2004 (GSCCCA). Older Lumpkin County records are searched in the Clerk’s office books.
What it does not do: it gives no score, makes no prediction about a parcel and gives no legal advice. It cannot tell you whether a particular property has clear title, legal access, graves or mineral rights. Only the records, a survey and an attorney’s examination can do that, and in Georgia only an attorney at law may issue a legal opinion on the status of title (O.C.G.A. § 15-19-53).
Decision tool · Title Risk Finder
Find the title checks your property needs
Pick who you are, the kind of property and what you already know about the land. You get the checks that apply, where each record lives and the rule behind it. No score and no advice: take the list to the closing attorney you choose.
Search the records
CheckTrace the recorded deeds back through earlier owners (the chain of title).
A deed that was never recorded can lose out to a later recorded deed from the same seller, so the record is what protects an owner.
Where to look: Lumpkin County Clerk of Superior Court: deed books; GSCCCA real estate index online
Applies to: everyone · Source: O.C.G.A. § 44-2-1
Know thisKnow where the online index stops: older deeds sit in the county's books.
The statewide GSCCCA deed index covers all counties from at least January 1, 1999; earlier records are searched at the clerk's office.
Where to look: Lumpkin County Clerk of Superior Court: the deed room for books before the online index
Applies to: everyone · Source: GSCCCA
Know thisSome gaps in the record can be explained with a recorded affidavit.
Recorded affidavits about facts affecting title, such as deaths, relationships or identity, serve as notice of the facts they recite.
Applies to: selling, inherited land, an agent · Source: O.C.G.A. § 44-2-20
Know thisRecording a document yourself? It must be filed electronically.
Since January 1, 2025, self-filers in Georgia must file deeds, liens and plats electronically.
Applies to: selling, inherited land · Source: O.C.G.A. § 44-2-2
CheckMake sure any new plat for the sale was approved before it was recorded.
In Lumpkin County a plat must be reviewed and approved by the Planning Department before the Clerk will record it.
Where to look: Lumpkin County Planning and Development
Applies to: everyone · raw land or acreage · Source: Lumpkin County FAQ
Know thisLook for a recorded conservation use covenant.
Approved conservation use applications are recorded at the Clerk of Court, so a CUVA covenant appears in the county's real estate records.
Where to look: Lumpkin County Tax Assessor
Applies to: everyone · raw land or acreage · Source: Lumpkin County Assessor
Liens and money owed
CheckSearch the lien index against every owner in the chain you can find.
The lien dockets hold liens on land or personal property filed under state or federal law, other than UCC filings.
Where to look: Lumpkin County Clerk of Superior Court: lien records; GSCCCA lien index online
Applies to: everyone · Source: GSCCCA
Clear firstFind every open security deed (loan) on the property and confirm each will be paid off at closing.
In Georgia a deed to secure debt passes title to the lender until the debt is paid.
Where to look: Lumpkin County Clerk of Superior Court: deed records
Applies to: buying, selling, an agent · Source: O.C.G.A. § 44-14-60
CheckCheck that loans paid off years ago were actually cancelled of record.
After a secured debt is paid in full, the lender must send the clerk a cancellation within 60 days; when it never arrives, the old loan still shows.
Where to look: Lumpkin County Clerk of Superior Court: deed records, filed after each security deed
Applies to: selling, inherited land, an agent · Source: O.C.G.A. § 44-14-3
CheckLook for money judgments against the owners on the general execution docket.
Against a good-faith buyer, a money judgment is not a lien on the owner's property until the execution is entered on the general execution docket.
Where to look: Lumpkin County Clerk of Superior Court: general execution docket; GSCCCA lien index
Applies to: everyone · Source: O.C.G.A. § 9-12-81
Know thisAn old judgment may have gone dormant: the examiner checks the docket entries.
A Georgia judgment becomes dormant if seven years pass without the required docket entries or public efforts to enforce it.
Applies to: everyone · Source: O.C.G.A. § 9-12-60
Clear firstIf anyone did work on the property in the last 90 days, ask how every contractor and supplier was paid.
A mechanic's or materialman's lien can be filed with the clerk within 90 days after the work is completed or materials furnished, so it may not be in the record yet.
Where to look: Lien records; the seller's lien affidavit at closing
Applies to: everyone · when: construction or repairs in the last few months · Source: O.C.G.A. § 44-14-361.1
Know thisAn older lien claim may be void if no lien action was started in time.
Georgia lien claims must state that they expire 395 days after filing if no notice of a lien action is filed.
Applies to: everyone · when: construction or repairs in the last few months · Source: O.C.G.A. § 44-14-367
CheckSearch for state tax executions (state tax liens) against the owners.
Georgia DOR says a state tax execution may hamper the transfer of property.
Where to look: Lumpkin County Clerk of Superior Court: lien records
Applies to: everyone · Source: Georgia DOR
CheckSearch for federal tax liens against the owners.
The IRS defines a federal tax lien as the government's legal claim against your property when a tax debt is not paid.
Where to look: Lumpkin County Clerk of Superior Court: lien records
Applies to: everyone · Source: IRS
Clear firstA tax-sale history needs an attorney's review before anyone treats the title as clean.
Georgia tax liens are superior to all other liens except as the Code provides, which is why tax-sale titles get extra scrutiny.
Where to look: Lumpkin County Tax Commissioner: tax and tax-sale records
Applies to: everyone · when: bought or sold at a tax sale · Source: O.C.G.A. § 48-2-56
CheckAsk the association for a statement of unpaid assessments.
Under Georgia's Property Owners' Association Act, lawful assessments are a lien on the lot that outranks most other liens.
Where to look: The association; recorded declaration in the deed records
Applies to: everyone · when: hoa or property owners' association · Source: O.C.G.A. § 44-3-232
CheckLook for a recorded notice of a lawsuit over the land (lis pendens).
A lawsuit over Georgia land binds buyers as a lis pendens once a notice is filed with the clerk where the land lies.
Where to look: Lumpkin County Clerk of Superior Court: deed and lien records
Applies to: everyone · Source: O.C.G.A. § 44-14-610
CheckConfirm property taxes are paid: unpaid taxes become a recorded lien.
Lumpkin County taxes unpaid more than 90 days after the due date are subject to a tax fi.fa. recorded with the Clerk of Superior Court.
Where to look: Lumpkin County Tax Commissioner
Applies to: everyone · Source: Lumpkin Tax Commissioner
Access and boundaries
Clear firstConfirm legal access: public road frontage or a recorded easement, not just a driveway you can drive on.
A Georgia private way can arise by grant, by prescription, by implication or by court order; only some of those show up in the record.
Where to look: Deed and plat records for a recorded easement; the survey
Applies to: everyone · when: reached by a private road or driveway across a neighbor or no road frontage or no recorded access · Source: O.C.G.A. § 44-9-1
Clear firstLand with no means of access can get a court-ordered easement, but it takes a superior court case and compensation.
An owner with no means of access may petition the county superior court to condemn an access easement up to 20 feet wide across private land.
Applies to: everyone · when: no road frontage or no recorded access · Source: O.C.G.A. § 44-9-40
CheckFind out how long the private road has been used and whether anyone has tried to close it.
Once a private way has been in constant and uninterrupted use for seven or more years with no legal steps to abolish it, no one may lawfully interfere with it.
Applies to: everyone · when: reached by a private road or driveway across a neighbor · Source: O.C.G.A. § 44-9-54
CheckOrder a current survey that calls out the land lot, district and section.
A Georgia surveyor's written description must name the land lot, district, section and county.
Where to look: A Georgia licensed land surveyor; earlier plats in the plat index
Applies to: everyone · raw land or acreage, cabin or home on acreage · Source: Ga. Comp. R. & Regs. 180-7
CheckAsk the surveyor to report gaps, gores and overlaps with the neighbors' deeds.
Georgia surveyors must check adjoining tracts and report overlaps and gores on their plats and reports.
Applies to: everyone · when: no recent survey, or an old metes-and-bounds description · Source: Ga. Comp. R. & Regs. 180-7
Know thisIf the survey cannot match the deed, read the surveyor's stated reasons.
When a survey cannot match record title the surveyor must explain why, for example disputed lines, possession lines, unrecorded deeds or vague deed descriptions.
Applies to: everyone · when: no recent survey, or an old metes-and-bounds description · Source: Ga. Comp. R. & Regs. 180-7
CheckWalk the lines: note fences, roads or buildings used by someone else.
Possession that is public, continuous, exclusive, uninterrupted and peaceable, under a claim of right, can ripen into prescriptive title.
Applies to: everyone · when: no recent survey, or an old metes-and-bounds description or reached by a private road or driveway across a neighbor · Source: O.C.G.A. § 44-5-161
Clear firstIf the only way in crosses national forest land, you need the Forest Service's permission, not the neighbor's.
Occupying or building on National Forest System land, such as a private driveway across it, requires a Forest Service special-use authorization for a specific use and period.
Where to look: Blue Ridge Ranger District (contact the district office first)
Applies to: everyone · when: borders the national forest · Source: USFS
CheckAsk the ranger district about any road, utility or encroachment question on the forest line before you close.
National Forest land in Lumpkin County is managed by the Blue Ridge Ranger District office in Blairsville; its address, phone and hours are on the source page.
Where to look: Blue Ridge Ranger District, Blairsville
Applies to: everyone · when: borders the national forest · Source: USFS
Know thisA blue road sign is a quick clue the road is private.
Lumpkin County road signs are green; privately maintained road signs should be blue with white lettering.
Applies to: everyone · when: reached by a private road or driveway across a neighbor · Source: Lumpkin County Roads
CheckPlanning to divide land on a private road? Check the county's subdivision limits first.
Lumpkin County's code lets only minor subdivides and certain exemptions divide property that is reached by an easement or private road.
Where to look: Lumpkin County Planning and Development
Applies to: everyone · raw land or acreage, cabin or home on acreage · when: reached by a private road or driveway across a neighbor or no road frontage or no recorded access · Source: Lumpkin County Code
CheckAsk for the recorded road maintenance agreement or covenants.
In Lumpkin County, an exempt divide may use private roads only if maintenance is covered by restrictive covenants or a road maintenance agreement recorded with the approved plat.
Where to look: Lumpkin County Clerk of Superior Court
Applies to: everyone · when: reached by a private road or driveway across a neighbor · Source: Lumpkin County Code
Know thisGetting the county to take over a private road needs clean title to the road itself.
Before accepting a private road, Lumpkin County requires a title opinion, a State Bar 50-year title standards certificate and a right-of-way deed.
Where to look: Lumpkin County Planning and Development
Applies to: everyone · when: reached by a private road or driveway across a neighbor · Source: Lumpkin County
Know thisSubdivision lots must front a public street.
Under the county code, access to every subdivision lot must be over a public street or public access street, not a private easement.
Applies to: everyone · home in a subdivision · Source: Lumpkin County Code
Owners, heirs and estates
Clear firstIf the land passed down without a probated will or deed, expect the commitment to require more than one signature.
The Georgia Heirs Property Law Center notes heirs property cannot be sold or mortgaged without agreement of all heirs.
Applies to: everyone · when: owner died without a probated will, or family land passed down · Source: Georgia Heirs Property Law Center
Know thisA co-owner can ask a court to divide or sell family land, under special heirs-property rules.
In a partition action the court must decide whether the land is heirs property; if it is, the heirs property procedures apply.
Applies to: inherited land, selling, an agent · when: owner died without a probated will, or family land passed down · Source: O.C.G.A. § 44-6-181
Know thisBuying one heir's share does not buy the whole property.
An heir can sell his or her interest to anyone without the other heirs' consent, but that conveys only that interest.
Applies to: buying, an agent · when: owner died without a probated will, or family land passed down · Source: Georgia Heirs Property Law Center
CheckIf an estate was probated, look for the executor's deed of assent.
Title to estate property does not pass to heirs until the personal representative assents, which Georgia says should be in writing as a deed.
Where to look: Lumpkin County Probate Court: the estate file; the deed of assent is recorded with the Clerk
Applies to: everyone · when: an estate, divorce or foreclosure in the history or owner died without a probated will, or family land passed down · Source: O.C.G.A. § 53-8-15
Know thisKnow who the heirs are under Georgia law when there was no will.
Under Georgia intestacy law a surviving spouse shares equally with the children, but the spouse's share is not less than one-third.
Applies to: everyone · when: owner died without a probated will, or family land passed down or an estate, divorce or foreclosure in the history · Source: O.C.G.A. § 53-2-1
Know thisCheck the probate file for a year's support award.
A surviving spouse and minor children are entitled to year's support in the form of property for 12 months from the date of death.
Where to look: Lumpkin County Probate Court: the estate file
Applies to: everyone · when: an estate, divorce or foreclosure in the history · Source: O.C.G.A. § 53-3-1
Know thisRead how co-owners took title: survivorship has to be spelled out.
A Georgia deed to two or more people creates a tenancy in common without survivorship unless it uses joint-tenancy-with-survivorship language.
Applies to: everyone · Source: O.C.G.A. § 44-6-190
Know thisSigning a deed outside Georgia needs two witnesses.
A deed to Georgia land signed outside Georgia must be attested by two witnesses, one of whom may be the notary.
Applies to: selling, inherited land · Source: O.C.G.A. § 44-2-21
Know thisThe estate is opened where the owner lived, which may not be Lumpkin County.
An estate is opened in Lumpkin County Probate Court only if the deceased was a Lumpkin County resident.
Where to look: Lumpkin County Probate Court
Applies to: everyone · when: owner died without a probated will, or family land passed down or an estate, divorce or foreclosure in the history · Source: Lumpkin County Probate
Know thisEvery heir gets notice, even the ones who will not sign.
All heirs are entitled to notice when a will is probated or an administrator is sought; heirs who will not sign are served by sheriff, certified mail or publication.
Where to look: Lumpkin County Probate Court
Applies to: inherited land, selling · when: owner died without a probated will, or family land passed down or an estate, divorce or foreclosure in the history · Source: Lumpkin County Probate
The land itself
CheckCheck the flood map for the low ground.
FEMA's Special Flood Hazard Area is land with a 1-percent chance of flooding in any given year.
Where to look: FEMA Flood Map Service Center
Applies to: everyone · when: creek, river or low ground on the land · Source: FEMA
Clear firstGraves stay protected after you buy: plan around them.
A landowner may not knowingly disturb a known cemetery to develop or change the land's use without first getting a permit from the city or county.
Where to look: Lumpkin County Planning and Development: permits to disturb a known cemetery come from the county or city
Applies to: everyone · when: known or suspected graves · Source: O.C.G.A. § 36-72-4
CheckAsk the surveyor to locate and show any graves.
Georgia survey standards require plats to show observed evidence of human burials or cemeteries.
Applies to: everyone · when: known or suspected graves · Source: Ga. Comp. R. & Regs. 180-7
Know thisFamilies may have a right to visit the graves.
Georgia DCA says case law has been read to give heirs of those buried an implied easement to come and go to care for the plots.
Applies to: everyone · when: known or suspected graves · Source: Georgia DCA
CheckRead old deeds for mineral reservations and find out whether anyone still works or pays tax on them.
When mineral rights are severed and unworked and untaxed for seven years, the surface owner may gain title to them through a court petition.
Where to look: Lumpkin County Clerk of Superior Court: deed records for the reservation; the Tax Assessor for mineral tax records
Applies to: everyone · when: old mine workings or mineral rights reserved in a deed · Source: O.C.G.A. § 44-5-168
Know thisRead the recorded covenants and declaration for use limits.
Use covenants in planned subdivisions of 15 or more lots renew automatically for 20-year periods unless terminated as the statute provides.
Where to look: Lumpkin County Clerk of Superior Court: the declaration and plat in the deed records
Applies to: everyone · home in a subdivision, condo or townhome · Source: O.C.G.A. § 44-5-60
Know thisForest boundaries are a common neighbor in this county.
Lumpkin County says 44 percent of its 283 square miles lies within the Chattahoochee National Forest.
Applies to: everyone · when: borders the national forest · Source: Lumpkin County
CheckMark the stream buffers before you plan a house site, driveway or clearing.
Lumpkin County Planning states stream buffers are 25 feet for warm-water streams and 50 feet for primary and secondary trout waters.
Where to look: Lumpkin County Planning and Development
Applies to: everyone · when: creek, river or low ground on the land · Source: Lumpkin County FAQ
Know thisWork inside a buffer needs a state variance.
Land inside a stream buffer cannot be disturbed without a buffer variance from the Georgia Environmental Protection Division.
Applies to: everyone · when: creek, river or low ground on the land · Source: Lumpkin County FAQ
Know thisUse the current flood map, not an older study.
FEMA lists 30 countywide flood map panels for Lumpkin County, all effective April 4, 2018.
Applies to: everyone · when: creek, river or low ground on the land · Source: FEMA NFHL
CheckBuilding later? You will need a recorded plat and a septic permit.
A new-home building permit in Lumpkin County requires a septic permit, a recorded plat and a site plan.
Where to look: Lumpkin County Planning and Development
Applies to: buying, an agent · raw land or acreage · Source: Lumpkin County FAQ
CheckRequest the existing septic system record.
Lumpkin County Environmental Health provides existing septic records on request by email with the property address; allow up to 48 hours.
Where to look: Lumpkin County Environmental Health
Applies to: everyone · cabin or home on acreage · Source: Lumpkin Environmental Health
The commitment and the policy
CheckAsk whether an access endorsement is available for the policy.
ALTA publishes Endorsement 17-06, Access and Entry; ask the closing attorney or title agent what it would cover for this land.
Applies to: everyone · when: reached by a private road or driveway across a neighbor or no road frontage or no recorded access · Source: ALTA
Know thisWithout a survey, boundary problems may not be covered.
Encroachments and boundary overlaps are covered under the 2021 ALTA Owner's Policy only if an accurate and complete land title survey would have disclosed them.
Applies to: everyone · when: no recent survey, or an old metes-and-bounds description · Source: 2021 ALTA Owner's Policy
Know thisAsk whether a same-as-survey endorsement is available once the survey is done.
ALTA publishes Endorsement 25-06, Same as Survey.
Applies to: everyone · when: no recent survey, or an old metes-and-bounds description · Source: ALTA
Know thisTitle insurance does not insure the acreage: the survey is how you learn it.
The 2021 ALTA Owner's Policy excludes any discrepancy in area, square footage or acreage.
Applies to: everyone · raw land or acreage, cabin or home on acreage · Source: 2021 ALTA Owner's Policy
Know thisTitle insurance does not tell you what you may build: check zoning separately.
The 2021 ALTA Owner's Policy excludes laws that restrict land use, improvements or subdivision, with limited exceptions.
Where to look: Lumpkin County Planning and Development: inside city limits, City Hall handles zoning
Applies to: everyone · raw land or acreage, in-town lot or home · Source: 2021 ALTA Owner's Policy
Know thisOnly a Georgia attorney can give a legal opinion on the title.
Anyone may search the records, but only an attorney may issue a legal opinion on the status of title in Georgia.
Applies to: everyone · Source: O.C.G.A. § 15-19-53
CheckIf you borrow, know what the lender's policy does not cover.
The CFPB says a lender's title policy does not protect the homeowner's equity.
Applies to: buying, an agent · Source: CFPB
Know thisOn the Loan Estimate, the owner's policy is labelled optional: decide on it before closing week.
Under Regulation Z the owner's title premium is labelled like "Title – Owner's Title Policy (optional)".
Applies to: buying, an agent · Source: 12 CFR 1026.37
CheckMeet every requirement in the commitment before its deadline.
If the Schedule B, Part I requirements are not met within the time stated, the commitment terminates.
Applies to: everyone · Source: 2021 ALTA Commitment
Know thisAsk how the gap between the commitment date and recording is handled.
The 2021 ALTA Commitment's standard exception covers matters first appearing between the Commitment Date and the date all requirements are met.
Applies to: everyone · Source: 2021 ALTA Commitment
Want help putting the list in order before you sign? Send it with a note and a licensed Gold Peach Realty agent will follow up.
Send my list with a noteAfter the checklist
Take the list to the closing attorney you choose. When the title commitment arrives, match each check against its Schedule B requirements and exceptions; title commitments explained walks through how. For how the search itself is done, see title search explained, and for the records offices and how to search them, Lumpkin County deed records. If you want a second set of eyes on the list before you sign, send it from the tool with a note and a licensed Gold Peach Realty agent will follow up.
Questions people ask
Does the online index cover old Lumpkin County deeds?
Not necessarily. GSCCCA does not publish a Lumpkin-specific start date for its online index or images, so older Lumpkin County records must be searched in the Clerk's office books.
Source: GSCCCA, checked Oct 19, 2026
Who can give an opinion that a title is good in Georgia?
Only an attorney at law may express or issue a legal opinion on the status of title to property in Georgia, under O.C.G.A. § 15-19-53. Non-lawyers may search the records and issue title insurance, but not a title opinion.
Source: O.C.G.A. § 15-19-53, checked Oct 19, 2026
Why does an unrecorded deed matter in a title search?
Under O.C.G.A. § 44-2-1, an earlier unrecorded deed loses priority to a later recorded deed from the same seller if the later buyer took without notice of it. The recorded chain is what a search relies on.
Source: O.C.G.A. § 44-2-1, checked Oct 19, 2026
How can I tell if a road in Lumpkin County is private?
A quick field clue: Lumpkin County road name signs are green, while privately maintained road signs should be blue with white lettering. The recorded deeds and plats, not the sign, show whether you have a legal right to use the road.
Source: Lumpkin County Roads, checked Oct 19, 2026
Do I need a recorded plat to build on land in Lumpkin County?
For new home construction, Lumpkin County asks for a septic permit, a recorded plat of the property and a site plan showing the driveway, septic, setbacks and structure location.
Source: Lumpkin County FAQ, checked Oct 19, 2026
Does a recorded plat mean the county approved the land for building?
Not for a retracement plat. Its required certification states that recording the plat does not imply local approval, availability of permits, compliance with local rules or suitability of the land for any use.
Source: O.C.G.A. § 15-6-67, checked Oct 19, 2026
