Mea Family Invest. LP v. Adams

This case involves a dispute over the ownership of a 1350 square foot space located at the rear of the second floor of a building in Lawrenceville. There are two claimants: Appellee Christopher Adams, who rents the adjacent front portion of the second floor, and Appellant MEA Family Investments, LP, which owns the first floor of the building. In 1899, the space in question was purchased by the Lawrenceville Lodge of Independent Order of Odd Fellows Odd Fellows. The deed also granted a perpetual easement in the stairway from the first floor. In 1965, the Odd Fellows dissolved, and title to the space passed to the Grand Lodge of Georgia of the Independent Order of Odd Fellows Grand Lodge.

In 2004, the Grand Lodge executed a quitclaim deed to Appellee. Shortly thereafter, Appellant, acting pursuant to OCGA § 44-2-20, filed an affidavit asserting title by adverse possession. Appellee brought suit, seeking removal of the affidavit as a cloud on his title. Appellant counterclaimed for ejectment or a declaratory judgment as to its title to the space by adverse possession. After discovery, Appellee moved for summary judgment. The trial granted the motion, and ordered the cancellation and removal of Appellant’s affidavit as a cloud on Appellee’s title. Appellant appeals from the trial court’s order.