Every instrument transferring or restricting an interest in real property is required to be recorded in the office of the clerk of the superior court of the county where the property is located. While an instrument may be recorded at any time, a prior unrecorded instrument loses its priority over a subsequent recorded instrument from the same grantor when the grantee takes such instrument without notice of the existence of the prior instrument. See O.C.G.A. § 44-2-1.

An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to real property may constitute a cloud on the title of the true owner, and the latter may proceed to have the same removed upon proof: (1) that he cannot immediately or effectually maintain or protect his rights by any other course of proceeding open to him; (2) that the instrument sought to be canceled is such as would operate to throw a cloud or suspicion upon his title and might be vexatiously or injuriously used against him; or (3) that he either suffers some present injury by reason of the hostile claim of right or, though the claim has not been asserted adversely or aggressively, he has reason to apprehend that the evidence upon which he relies to impeach or invalidate the same as a claim upon his title may be lost or impaired by lapse of time. O.C.G.A. § 23-3-42.

Any person, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof or not and whether the land is vacant or not, may bring a proceeding in rem against all the world to establish his title to the land and to determine all adverse claims thereto or to remove any particular cloud or clouds upon his title to the land, including an equity of redemption, which proceeding may be against all persons known or unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants. O.C.G.A. § 23-3-61.