Selling land with title problems in Georgia starts with finding the problems before a buyer’s examiner does. The order is simple: pull your own deed and plat, have the title searched before you list, fix what can be fixed with paperwork, and take what cannot be fixed that way to a Georgia real estate attorney early. Some fixes are paperwork; others need a court. Knowing which is which before you sign a contract is the point of this page.
1. Pull your own deed and plat
Start with the deed that put the land in your name. In Lumpkin County it is recorded with the Clerk of Superior Court and indexed on GSCCCA; our deed records walkthrough shows how to find it. Check that the names match yours, that the description matches the land you think you own, and whether it refers to a recorded plat. If you inherited the land, look for the deed out of the estate: in Georgia, title to estate property does not pass to the heirs until the personal representative assents to the distribution (O.C.G.A. § 53-8-15), and that assent “should be evidenced in writing as a deed of conveyance” (O.C.G.A. § 53-8-15).
2. Have the title searched before you list
A buyer’s attorney will search the title after you sign a contract, and the title commitment will list requirements that must be met before a policy issues. If those requirements are not met within the time the commitment states, it terminates (2021 ALTA Commitment). A search ordered before you list moves the surprises to a point where you control the timing. Only a Georgia attorney may give a legal opinion on what the search shows (O.C.G.A. § 15-19-53).
3. Fix what can be fixed before listing
| Problem | How it shows up | The usual path, as the rule describes it |
|---|---|---|
| A paid-off loan still of record | An open security deed | The lender must furnish a satisfaction or cancellation to the clerk within 60 days of full payment (O.C.G.A. § 44-14-3) |
| Unpaid property taxes | A tax fi.fa. recorded with the Clerk once taxes are more than 90 days past due | Pay the Tax Commissioner; a 5% penalty is added every 120 days up to 20% (Lumpkin Tax Commissioner) |
| A federal tax lien | A notice in the lien index | The IRS releases a lien within 30 days after the debt is paid (IRS) |
| The owner died | A probate requirement in the commitment | Open the estate in Probate Court if the owner lived in Lumpkin County (Lumpkin County Probate); the base fee for a Petition for Letters of Administration is $205.00 (Lumpkin County Probate) |
| Several heirs own it | Many names, or gaps, in the chain | All heirs must agree to sell or mortgage the whole; see heirs property |
| A fact the record does not explain | A name change, a death, an identity question | Recorded affidavits serve as notice of the facts they recite (O.C.G.A. § 44-2-20) |
| A boundary or access question | The survey; a commitment exception | A current survey; recorded easements or road agreements |
| A cloud that will not clear | A recorded instrument or claim nobody will release | A quiet-title action in superior court; see curing title problems |
On estates: when there is no will, an administrator granted the optional powers in the petition can sell estate property without separately asking the court for permission; without those powers, a petition to sell is required (Lumpkin County Probate). The base fee for a personal representative’s Petition for Leave to Sell Property is $190.00 (Lumpkin County Probate). Which route fits your family is a question for your attorney. What each kind of lien means is on liens and judgments.
4. If you are dividing the land to sell it
Lumpkin County’s code sets penalties for an owner, agent or real estate broker who sells, or negotiates to sell, land by reference to a subdivision plat before the plat has been approved (Lumpkin County Code). Plats must be reviewed and approved by the county Planning Department before the Clerk will record them (Lumpkin County FAQ). How you can divide depends on the land: a minor subdivide allows one division every two years, creating one additional lot of at least 1.0 acre (Lumpkin County Code); dividing into no more than ten parcels of five acres or more is an exempt divide (Lumpkin County Code), and private roads in an exempt divide need a maintenance agreement or covenants recorded with the approved plat (Lumpkin County Code). Surveys and plat rules are on surveys and boundaries.
5. What to disclose, and who prepares the deed
What you must tell a buyer about a known title, boundary or access issue is a question for your attorney. Tell your attorney and your agent everything the search and your own knowledge turn up; a problem raised early is a negotiating point, and one found late can end the contract. When it is time to sign, the Supreme Court of Georgia has held that only a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance (Ga. Sup. Ct., UPL 2003-2). Closing costs and the transfer tax are covered on our sister guide to Dahlonega closings.
How Gold Peach Realty helps sellers
Gold Peach Realty, the North Georgia brokerage that publishes this guide, lists and sells land, cabins and homes in Lumpkin County. It does not examine title or give legal advice. It can help you gather the deed, the plat and the search results before you list, so the attorney you choose sees the whole file at the start. See Gold Peach Realty or use the owner form below.
Decision tool · Title Risk Finder 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. 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.Find the title checks your property needs
Questions people ask
Can I sell land if my parent died and the estate was never settled?
Not cleanly until the estate is dealt with. In Georgia, title to estate property does not pass to the heirs until the personal representative assents to the distribution, usually by a deed of assent, so an estate may need to be opened first.
Source: O.C.G.A. § 53-8-15, checked Oct 19, 2026
Can one heir sell family land without the others?
Not the whole property. The Georgia Heirs Property Law Center notes that heirs property cannot be sold or mortgaged without the agreement of all heirs.
Source: Georgia Heirs Property Law Center, checked Oct 19, 2026
My loan is paid off but the security deed still shows. What now?
Georgia law requires the lender, within 60 days of full payment, to furnish the clerk a legally sufficient satisfaction or cancellation. Ask the lender for it, and check the Clerk's records once it is filed.
Source: O.C.G.A. § 44-14-3, checked Oct 19, 2026
Can I sell lots before the plat is approved in Lumpkin County?
No. Sec. 26-100 of the county code sets penalties for an owner, agent or broker who sells or negotiates to sell land by reference to a subdivision plat before it has been approved.
Source: Lumpkin County Code, checked Oct 19, 2026
Who prepares the deed when I sell land in Georgia?
A Georgia attorney. The Supreme Court of Georgia approved UPL Advisory Opinion 2003-2, agreeing that only a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance.
Source: Ga. Sup. Ct., UPL 2003-2, checked Oct 19, 2026
