Property Ownership, Land Use Controls, and Environmental Issues
Estates, ownership forms, and fixtures
Know the freehold estates (fee simple absolute, life estate, life estate pur autre vie) and the leasehold estates (estate for years, periodic tenancy, tenancy at will, tenancy at sufferance). For co-ownership, Georgia allows joint tenancy with right of survivorship only when survivorship language is express; otherwise co-owners hold as tenants in common. Do not import tenancy by the entirety from other states - questions using it as a Georgia answer are traps. Distinguish condominium (unit owned individually, common elements shared), cooperative (corporation owns the building, resident owns shares), and planned unit development (lot owned, common areas by association).
Public and private controls
Police power supports zoning, building codes, and health rules; it is distinct from eminent domain (condemnation with compensation), taxation, and escheat. Master the difference between a variance (relief from a dimensional standard such as setback, height, or lot coverage, granted for hardship unique to the parcel) and a special exception or conditional use (a use the ordinance permits with conditions). A nonconforming use may continue but generally may not be enlarged, rebuilt after substantial destruction, or revived after abandonment. Private controls include deed restrictions, CC&Rs, easements, and liens.
Environmental issues
Lead-based paint disclosure applies to pre-1978 target housing. Radon, asbestos, mold, and underground storage tanks are frequent disclosure topics. CERCLA imposes strict, joint, and several liability on owners and operators, with defenses for innocent landowners and bona fide prospective purchasers who performed appropriate inquiry. In Georgia, land-disturbing activity falls under the Erosion and Sedimentation Act, with stream buffers enforced by the Environmental Protection Division.
Rule of thumb
For fixtures, apply three tests - annexation, adaptation, and intention - and remember intention usually controls the outcome.