X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

At issue is title to a rectangular-shaped piece of real property measuring 25 feet by 75 feet in Hoschton, Georgia. Appellant Karen Steinichen filed a petition to quiet title against all the world with regard to four contiguous parcels of real property, and appellee Larry Stancil, the owner of property adjacent to that of appellant, filed an answer and counterclaim in which he contended he held fee simple title to the property at issue. Pursuant to OCGA § 23-3-63, the case was submitted to a special master who quieted title to three of the four tracts in Stancil after ruling that Steinichen had failed to present evidence establishing title to those parcels.1 As to the fourth parcel, the special master ruled that Steinichen had failed to carry her burden of proof to establish title, and that Stancil had presented sufficient evidence to establish adverse possession under color of title as well as prescriptive title without color of title. The trial court entered an order adopting the findings and the recommendation of the special master and declared Stancil as the holder of fee simple title to all the property in dispute. This appeal follows the denial of Steinichen’s motion for new trial. Steinichen does not take issue with the trial court’s determination that she failed to establish title to the disputed tract. Instead, she asserts only that the evidence was insufficient to support the conclusion that Stancil had acquired the property by 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. ‘In an action to quiet title 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. Cit. If there is any evidence to support the trial court’s judgment, it will not be disturbed on appeal. Cit.” Cooley v. McRae , 275 Ga. 435, 436 569 SE2d 845 2002.2

There was evidence that the disputed property was part of a lot Stancil acquired by deed in 1999 from the DeLaPerriere estate. Prior to his purchase of the property, Stancil used the property in connection with the garage and wrecker service he operated on contiguous property he leased from the estate 1985-1999. He placed two school buses on the tract and used them to store engines and other parts. From 1971 to 1984, the estate leased to Lendgrin Maddox another portion of the building in which Stancil’s business was located, and authorized Maddox to use and maintain the real property at issue. Maddox testified he openly, continuously, and exclusively used the disputed tract for his business during the entire term of his tenancy, and he maintained the tract by “bush-hogging” it and keeping it clean. Maddox testified the tract was separated from the neighboring property by a deep drainage ditch. Stancil testified he has openly, continuously and exclusively used the property in dispute since Maddox’s departure, and that there is a fence on the tract. In order to constitute the element of continuity which is essential to adverse possession as the foundation of a good prescriptive title cits., it is not necessary that adverse possession be maintained for the statutory period by the same person, since continuity may just as effectively be shown by the successive bona fide possessions of several persons, provided the requisite privity exists between them, so as to thus permit a tacking of their unbroken successive possessions. Cits. In order to show privity between successive occupants, all that is necessary is that one shall have received his possession from the other by some act of such other or by operation of law. Cits.Blalock v. Redwine , 191 Ga. 169 hdntes. 2 and 2 a 12 SE2d 639 1940.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›