Title 44, Chapter 2, Section 20
( 44-2-20)
(a) Recorded affidavits shall be notice of the facts therein
recited, whether taken at the time of a conveyance of land or not,
where such affidavits show: (1) The relationship of parties or other persons to conveyances of
land; (2) The relationship of any parties to any conveyance with other
parties whose names are shown in the chain of title to lands; (3) The age or ages of any person or persons connected with the
chain of title; (4) Whether the land embraced in any conveyance or any part of
such land or right therein has been in the actual possession of
any party or parties connected with the chain of title; (5) The payment of debts of an unadministered estate; (6) The fact or date of death of any person connected with such
title; (7) Where such affidavits relate to the identity of parties whose
names may be shown differently in chains of title; (8) Where such affidavits show the ownership or adverse possession
of lands or that other persons have not owned such lands nor been
in possession of same; or (9) Where such affidavits state any other fact or circumstance
affecting title to land or any right, title, interest in, or lien
or encumbrance upon land. Any such affidavits may be made by any person, whether connected
with the chain of title or not. (b) In any litigation over any of the lands referred to and
described in any of the affidavits referred to in subsection (a) of
this Code section in any court in this state or in any proceedings
in any such court involving the title to such lands wherein the
facts recited in such affidavits may be material, the affidavits or
certified copies of the record thereof shall be admissible in
evidence and there shall be a rebuttable presumption that the
statements in said affidavits are true. The affidavits or certified
copies thereof shall only be admissible as evidence in the event the
parties making the affidavits are deceased; they are nonresidents of
the state; their residences are unknown to the parties offering the
affidavits; or they are too old, infirm, or sick to attend court. (c) Affidavits referred to in subsections (a) and (b) of this Code
section shall be filed by the clerk of the superior court of the
county where the land is located and shall contain a caption
referring to the current owner and to a deed or other recorded
instrument in the chain of title of the affected land. The clerk of
the superior court shall record such affidavits, shall enter on the
deed or other recorded instrument so referred to the book and page
number on which such affidavit may be recorded, and shall index same
in the name of the purported owner as shown by such caption in both
grantor and grantee indexes in deed records as conveyances of lands
are recorded and indexed; and he shall receive the same compensation
therefor as for recording deeds to lands. |