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Kelley v. Randolph

The trial court did not err in concluding that the defendants met their burden of proving by a preponderance of the evidence their prescriptive title to the disputed property by adverse possession.

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This case arises out of a dispute regarding title to property located in the Ansley Park subdivision in Atlanta, Georgia. Appellants Mark Kelley and Becky Powhatan Kelley and appellees Erich and Suzette Randolph are adjoining property owners. Their backyards are partly contiguous and between their respective properties is a strip of land designated by plat as an alleyway. The alleyway does not run from street to street, no evidence has been presented of it ever having been used as an alleyway, and the remnants of the alleyway are no longer visible.

The Randolphs purchased their property in 1987. In 1990, they constructed railroad tie terraces in their backyard to raise and level the yard for their personal use. At the time the terraces were constructed, the Randolphs believed all construction was completed within their property line. Appellants, who bought their property in 2007, undertook in approximately 2011 to ascertain their rear property line so that they could design and install a landscape project. Their investigation revealed to all parties for the first time that the Randolphs’ terraces and construction debris from the Randolphs’ property had encroached onto the alleyway and over appellants’ rear property line. Appellants informed the Randolphs of the encroachment and asked them to relocate the terraces and remove the debris, but the Randolphs refused.

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