Sermons v. Agasarkisian

The trial court erred in adopting a special master's conclusion that an express easement in an alley had been abandoned by non-use, as there was no evidence presented to show any express intent by the plaintiffs to waive or abandon their easement, rather the evidence showed that the alley's existence factored into the plaintiffs' decision to purchase the property and that they had spent money improving the alley.

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Veronica and Barry Sermons collectively “the Sermons” appeal from the order of the superior court adopting the report of a special master and decreeing that they have no interest in an alleged alley running to the rear boundary of their property and that all interest in the disputed property is vested in Sarkis Agasarkisian and William Martin “pursuant to the deeds of record describing their individual interests in the disputed property.1 The Sermons contend that the trial court erred by: 1 concluding that the alley was abandoned by nonuse; 2 relying upon an unauthenticated document not admitted into evidence; 3 failing to consider their objections to the special master’s report; 4 failing to vest a portion of the abandoned alley into their title; and 5 entering a final order without resolving their trespass and nuisance claims. For the reasons explained below, we reverse the trial court’s order based upon an error of law.

“Once the trial court adopts the special master’s findings and enters judgment, the court’s decision is upheld by the appellate court unless clearly erroneous. Therefore, if there is any evidence supporting the judgment of the trial court, it will not be disturbed. But conclusions of law are reviewed de novo.” Citations and punctuation omitted. McGregor v. River Pond Farm, 312 Ga. App. 652, 653 1 719 SE2d 546 2011. So viewed, the record shows that the Sermons own property located at 816 Berkeley Avenue in Fulton County. William Martin owns property facing Forrest Street with a rear boundary that adjoins the rear property line of the Sermons’ property. A lot owned by John Green adjoins both the Sermons’ property and that of Agsarkisian and faces Howell Mill Road. Agasarkisian’s property is situated on the corner of Forrest Street and Howell Mill Road. The deeds to all of the properties reference an alley running between the properties of Martin and Agasarkisian, along the rear of Green’s property, and to the rear of the Sermons’ property.

Sermons v. Agasarkisian

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