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Haffner v. Davis

The plaintiff could not establish title by prescription because he did not adversely possess the property at issue for the requisite 20 years.

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Micah L. Haffner filed this action to quiet title to a parcel of land in Haralson County that he claims to have purchased from his mother’s estate. The trial court granted summary judgment to James and Regina Davis and Community and Southern Bank and denied Haffner’s motion for summary judgment. Because Haffner has been in possession of the property known as 116 Golden Lane Road for less than 20 years and failed to exercise reasonable diligence, we affirm. Haffner’s parents, Eric J. Haffner and Cheryl A. Haffner, purchased two tracts of land on Golden Lane Road in 1979. They built a house known as 128 Golden Lane Road, where they lived, and later built a smaller, one-story house known as 116 Golden Lane Road, where a relative resided. Haffner testified at his deposition that his parents and siblings understood that 128 Golden Lane Road was located on Tract 1 and 116 Golden Lane Road was located on Tract 2. In fact, both were built on Tract 1.

In 1994, Haffner’s parents divorced in Carroll County. Their settlement agreement, which was incorporated in the divorce decree, required the husband to quitclaim his interest in the property known as 116 Golden Lane Road to the wife and required the wife to quitclaim her interest in the property known as 128 Golden Lane Road to the husband. The decree did not contain a legal description of the properties. The couple exchanged quitclaim deeds. In the deed received by the wife, the metes-and-bounds description conveyed only Tract 2 and did not include the residence at 116 Golden Lane Road. The deed the husband received stated that it was “being made as provided by” the parties’ divorce decree, but the metes-and-bounds description included both 128 Golden Lane Road and 116 Golden Lane Road.

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