This is a challenge by adjacent landowner Helen Ritchie “Ritchie” to rulings by the Superior Court of Fulton County in favor of tax deed holder Metro Tax Investors, Inc. “Metro Tax” in this action by Metro Tax to quiet title to 1.63 acres of land in Fulton County “the property”. The superior court concluded that Ritchie lacked standing in the case, and consequently, granted summary judgment to Metro Tax as to Ritchie’s claim of encroachment and challenge to the tax deed. Subsequently, the superior court issued a final order and decree vesting Metro Tax with fee simple title to the property. For the reasons which follow, the superior court’s rulings are affirmed. As high bidder at the tax sale, on March 4, 2003, Metro Tax received a tax deed to the property. Metro Tax held the property for one year and then undertook the process of giving notice of foreclosure of the right to redeem pursuant to OCGA § 48-4-45.1 The property was not redeemed within the redemption period, and on August 6, 2004, Metro Tax filed the present petition to quiet title to the property pursuant to OCGA § 23-3-602 et seq. In accordance with OCGA § 23-3-65 a,3 Ritchie, as an adjoining landowner, was served with notice of the quiet title action.
Ritchie filed an answer in the suit, asserting that Metro Tax did not have a right to the land it acquired pursuant to the tax deed, and that she had acquired a portion of the property through adverse possession. Ritchie eventually withdrew her adverse possession claim, and amended her answer to assert a claim that the property encroached upon her land.4 Metro Tax executed in favor of Ritchie a quitclaim deed to her land;5 the legal description in the quitclaim deed matched that contained in the warranty deed that Ritchie and her husband received in connection with the purchase of their property. Metro Tax then moved for summary judgment on Ritchie’s encroachment claim and challenge to its tax deed.6 Finding that Ritchie had no claim whatsoever to the property, the superior court granted judgment in favor of Metro Tax,7 and ultimately, vested it with title to the property.
