In 1962, Joseph Washington purchased 1.735 acres of land in rural McIntosh County where he and his wife live today. In 1976, Joan Brown Washington’s sister purchased property next to him, claiming 4.49 acres of land. Brown began building a house on her property in 1982, and moved into it in 1983. A dispute arose between Washington and Brown when, in 2002, Brown commissioned a survey of her property, and the survey showed an area of overlap between Washington’s property and her own. Both parties claimed that the area of overlap was included in their respective deeds. In 2003, Washington and his wife filed a quiet title action pursuant to OCGA § 23-3-621 in the Superior Court of McIntosh County seeking to establish they had legal title to the disputed land. Brown counterclaimed with her own quiet title action, seeking to establish that she was the rightful owner. The court appointed a Special Master, who concluded that Brown was the rightful owner. The Washingtons then challenged the Special Master’s ruling in the McIntosh County Superior Court. In 2009, following a hearing, the trial court entered an order that incorporated the Report of the Special Master and ruled in favor of Brown. The Washingtons appeal from this ruling. As explained more fully below, because there is no evidence to support the conclusion that Brown owns the disputed property either by deed or by adverse possession, we must reverse that portion of the trial court’s order awarding the disputed property to Brown. However, because evidence does support the trial court’s conclusion that the Washingtons also do not own the disputed property, that portion of the order determining that the Washingtons do not own the disputed property must be upheld on appeal. We therefore affirm in part and reverse in part.
“In an action to quiet title brought under OCGA § 23-3-60 et seq., the findings of the Special Master and adopted by the trial court will be upheld unless clearly erroneous.” Citations omitted. Seignious v. Metropolitan Atlanta Rapid Transit Authority , 252 Ga. 69, 71 311 SE2d 808 1984. The trial court’s judgment will not be disturbed on appeal if there is any evidence to support it. Nebb v. Butler , 257 Ga. 145 357 SE2d 257 1987.
