These companion cases arise from the bench trial of a property line dispute. Appellants Bobbie F. Gay, Wayne Clemans, and Sandra Clemans appeal from the trial court’s decision regarding the location of the property line, contending that they showed title by prescription of the disputed land “under color of title.” They also complain that the trial court erred in refusing to admit a sketch map or diagram of the property into evidence. We find no error and affirm the trial court’s decision with respect to Case No. A03A0596. Appellees Sarah Strain and Harriet Burman filed a cross-appeal complaining of the trial court’s decision requiring them to reimburse appellants for structures and improvements that appellants and their predecessors erected upon the disputed property. But OCGA § 44-11-9 clearly provides for a setoff of the value of all permanent improvements “placed on the land in good faith.” The trial court as the finder of fact concluded that the improvements were made in good faith. We therefore find no error, and we affirm the trial court’s judgment in Case No. A03A0597 as well.
Strain and Burman own a tract of land in Dade County, Georgia as the sole heirs of the estate of Mamie Louise Stephenson. The tract consists of virtually all of Land Lot 133 in the 18th district and 4th section of the county, less one acre previously conveyed to another. Gay, as administratrix of the estate of Roderick Gay, and the Clemanses as grantees of Roderick Gay, own tracts of land in Land Lot 136, which adjoins Land Lot 133 to the south. When Strain and Burman sought to sell the property, a discrepancy was discovered in the boundary line between Land Lot 136 and Land Lot 133, resulting in a disputed area of approximately 20 acres, on which Roderick Gay and the Clemanses had placed a pond and several buildings.
