The Decaturs purchased a one-acre lot of land. They brought an action against their grantor and others in the chain of title claiming breach of warranty of title under OCGA 44-5-62. 1 The Decaturs complained that, at the time of the sale, the configuration of the lot did not comply with county zoning requirements. The Court of Appeals reversed the trial court's denial of partial summary judgment to the Decaturs as to breach of warranty of title, Decatur v. Barnett, 197 Ga. App. 459 (398 SE2d 706) (1990), and we granted certiorari. 1. The contract provided: Seller warrants that he presently has title to said property, and at the time of closing, he agrees to convey good and marketable title to said property to Purchaser by general warranty deed subject only to (1) zoning ordinances affecting said property; (2) general utility, sewer, and drainage easements of record upon which the dwelling does not encroach; (3) subdivision easements and restrictions of record; and (4) leases, other easements, other restrictions and encumbrances specified in this contract. |