In the second appearance of this case before us,1 Linda Crawford appeals from the trial court’s order granting summary judgment to Lawyers Title Insurance Corporation “Lawyer’s Title” in this case involving coverage under a title insurance policy. Crawford contends issues of fact exist with regard to her lack of knowledge of a private access easement in a land purchase insured by Lawyers Title. Based upon both an exclusion in the title policy and Crawford’s actual knowledge of the easement, the trial court properly granted summary judgment in favor of Lawyers Title. We therefore affirm. Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.
So viewed, the record shows that Crawford purchased the property at issue by way of a warranty deed that stated that the conveyance was made “subject to all valid and enforceable restrictive covenants, reservations and easements of record applicable thereto.” The policy issued by Lawyers Title expressly provided: “This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees or expenses which arise by reason of: . . . any easements or servitudes appearing in the public records.” It is undisputed that an affidavit of easement was filed in the public record for the subject property more than 15 years before Crawford’s purchase. The seller’s property disclosure form listed the easement and Crawford’s real estate agent averred that it would have been his custom and practice to provide the disclosure form to his client. Due to Crawford’s failure to timely answer Lawyers Title’s requests for admissions, she cannot dispute that she had actual notice of the easement based upon her receipt of the seller’s property disclosure form before the closing on the subject property. OCGA § 9-11-36 b request for admission deemed admitted if party fails to answer within 30 days of service; Jackson v. Nemdegelt, Inc. , 302 Ga. App. 767, 770-771 691 SE2d 653 2010.
