This appeal arises out of a dispute concerning access to a road that borders the property of adjoining land owners Judy Rea and Janice Lovell. Lovell erected a locked gate across the road and Rea filed a complaint seeking to enjoin Lovell from blocking her access. On motion for summary judgment, the trial court ruled that Lovell owns the underlying fee in the southern half of the road and that Lovell and Rea each own a one-half undivided interest in the northern half. A jury then determined that the road was not properly closed or abandoned by Habersham County and was therefore public. Following the jury’s verdict, the trial court permanently enjoined Lovell from blocking the road. For the reasons that follow, we affirm.1 The disputed road runs west to east from Highway 356 to Goshen Creek Road. Lovell owns the land south of the road and both Lovell and Rea own land north of the road. Rea filed suit to enjoin Lovell from obstructing the entire road with a gate where Lovell’s property abuts both sides of the road. In her complaint, Rea claimed that she had an express easement over and through the road. The trial court granted summary judgment in favor of Lovell on this claim. Rea then amended her complaint to claim access to the road by prescription or on the ground that the road was public. Lovell filed an answer and a counterclaim to “Quia Timet Against All the World,” that included an alternative claim of adverse possession to the entire road. On Lovell’s motion for summary judgment on the counterclaim, the court ruled that Lovell owns the underlying fee to the southern portion of the road measured from the centerline and that Lovell and Rea each own a one-half undivided interest in the northern portion of the road.2 All remaining claims were tried by a jury.
During trial, Lovell moved for a directed verdict and for judgment notwithstanding the verdict on Rea’s public road claim. Lovell also moved for a directed verdict on Rea’s prescriptive easement claim. The jury determined that the county failed to properly close or abandon the road “such as the road is no longer a public road,” and therefore made no determination on Rea’s prescriptive easement claim. The jury also found in favor of Rea on Lovell’s adverse possession claim. Following the jury’s verdict, the trial court entered judgment permanently enjoining Lovell from blocking the road.
