A decree for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. The decree, certified by the clerk, shall be recorded in the registry of deeds in the county where the land lies and shall stand in the place of a deed. In all other cases where a judgment directs a party to perform other specific acts and the party fails to comply within the time specified, the court may direct the acts to be done at the cost of the disobedient party by some other person appointed by the court; and acts when so done have like effect as if done by the party. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others; and the judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon oral or written application to the clerk.
§ 9-11-70.Judgment for specific acts; vesting title
Chapter 11. Civil Practice Act · Article 8. Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-70 lets a specific-performance decree operate as a self-executing deed with no conveyance needed from the vendor, and separately requires the certified decree to be recorded to stand in place of a deed in the county registry; it also empowers the court to have someone else perform an act a disobedient party won’t do — or to hold that party in contempt — and, for property located in Georgia, allows the court to divest and vest title directly by judgment rather than ordering a conveyance, with the party awarded possession entitled to a writ of execution on request to the clerk.
Full Text of § 9-11-70
Plain-English Summary
When a court orders a party to convey land or other property under a specific-performance decree, this section removes the need for that party’s further cooperation. The decree itself operates as a deed conveying the property, without any conveyance the vendor has to execute, and a certified copy recorded in the county deed registry stands in the place of a deed.
The same logic extends to other court-ordered acts. If a judgment directs a party to perform some specific act and the party doesn’t comply within the time set, the court may have the act done at the disobedient party’s expense by someone else the court appoints, and that substitute performance carries the same legal effect as if the original party had done it. The court may also hold the noncompliant party in contempt, and the two remedies aren’t mutually exclusive.
For real or personal property within Georgia, the court has a further option: instead of ordering a conveyance, it may enter a judgment divesting one party’s title and vesting it in another, and that judgment itself operates as a properly executed conveyance. When a judgment or order awards possession of property, the party who won it is entitled to a writ of execution by an oral or written application to the clerk of court, with no separate motion or hearing required to get that writ issued.
Frequently Asked Questions
Does a party still have to sign a deed after losing a specific-performance case over land?
No. The decree itself operates as a deed conveying the land without any conveyance from the losing party — that part takes effect regardless of recording. Separately, a certified copy of the decree still has to be recorded in the county deed registry for it to stand in the place of a deed there.
What happens if a party refuses to perform a specific act a judgment orders?
The court may have someone it appoints perform the act at the disobedient party’s cost, and that act carries the same legal effect as if the party had done it personally; the court may also hold the party in contempt.
Can a Georgia court transfer title to property directly through a judgment?
Yes, for real or personal property within the state. Instead of ordering a conveyance, the court may enter a judgment divesting one party’s title and vesting it in another, and that judgment has the effect of a properly executed conveyance.
How does the winning party get possession once a judgment awards it?
Upon oral or written application to the clerk, the party in whose favor the judgment or order runs is entitled to a writ of execution for delivery of possession.
Where must a specific-performance decree affecting land be recorded?
In the registry of deeds in the county where the land is located.
Amendment History
Ga. L. 1966, p. 609, § 70.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia specific performance decree deedgeorgia judgment vesting titlecourt ordered conveyance georgiawrit of execution possession georgia judgment