Legal Question in Real Estate Law in Georgia

The Grady County, Georgia Clerk Of Court refuses to record a PLat Of Survey that meets O.C.G.A. 15-6-67. This is a retracement survey that depicts 2 tracts of land that were created by warrantee deeds in the early 1980's. As such, no approval is required by The County Planning Dept. The Planning Dept. agrees with this. Apparently the clerk is misreading the last paragraph of 15-6-67 and she believes that it states that some sort of certification stating that no new roads, streets.... are to be constructed is required. However, neither the clerk nor the county attorney will tell me exactly what tyhis certification is. According to 15-6-67, "If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat."

Is the clerk in violation of this code?

What legal recourse is available?

1 Answer from Attorneys

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