Robert Simmons filed an action to quiet title as to a vacant lot adjacent to his property in Atlanta, claiming that he has title to the lot by virtue of adverse possession. Community Renewal and Redemption, LLC, answered and moved for summary judgment, asserting that it holds fee simple title to the lot pursuant to a quitclaim deed from the prior owner. A special master was appointed and, after a hearing, he issued a report recommending that the motion for summary judgment should be granted. The superior court adopted the special master’s report and granted summary judgment in favor of Community Renewal. Simmons appeals. 1. Simmons contends that the trial court erred in granting summary to Community Renewal’s Motion for Summary Judgment on his claim of adverse possession. To establish title by adverse possession, whether by twenty years or seven years under color of title, a party must show possession not originated in fraud that is public, continuous, exclusive, uninterrupted and peaceable, and accompanied by a claim of right. Cit. Cooley v. McRae , 275 Ga. 435, 436 569 SE2d 845 2002. In this case, Simmons does not claim possession for seven years under color of title. Rather, his sole claim is that for more than 20 years he has maintained the lot and used it for parking. Regardless of whether Simmons’ alleged acts constitute possession that has been continuous and exclusive for over 20 years, the evidence clearly shows that he has never had a legitimate claim of right to the property.
“The term ‘claim of right’ is synonymous with ‘claim of title’ and ‘claim of ownership.’ Cit. While this does not mean that the possession must be accompanied by a claim of title out of some predecessor, it does mean that there must be some claim of title in the sense that the possessor claims the property as his own.” Cit. Walker v. Sapelo Island Heritage Auth. , 285 Ga. 194, 196 2 674 SE2d 925 2009. Here, the undisputed evidence shows that when Simmons bought his property in 1978, the adjacent lot was owned by Lucretia Rosser, and either she or her tenant operated a business out of a building on the lot. In 1980, Ms. Rosser sold the lot to Mike Marable. After the building on the lot burned in the early 1980s, Marable had it removed. He continued to hold title to the lot until he sold it to Community Renewal in 2004. Simmons has admitted in his deposition testimony that he met Marable and knew that he held title to the lot. Simmons further testified that although he was aware that he did not own the lot and that it belonged to someone else, he nevertheless entered it around 1982 with the “hostile . . . intent to use it as a parking area.”
