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Williamson v. Fain

Evidence that plaintiff's predecessors cultivated the disputed land from 1949 through 1983 and changed the nature and appearance of the land by clear-cutting, wind-rowing and planting pine trees in 1983 supported the trial court's ruling that plaintiff acquired prescriptive title to the disputed land.

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This appeal follows the trial court’s entry of judgment which quieted title to disputed land in appellee N. F. Fain, Jr., as trustee of a trust. Fain had filed the quia timet action against all the world see OCGA § 23-3-60 et seq., and asserted that appellants Jack and Charlotte Williamson, the owners of land adjoining Fain’s property to the east, also claimed ownership of real property that Fain claimed to own.

The Fain and Williamson holdings were both owned by Fain’s grandmother and became separate parcels pursuant to a partitioning in 1949 following her death. That partitioning was memorialized in the Childree survey. Fain, as trustee, now owns the parcel received by his father, and the Williamsons now own the parcel received by Fain’s uncle. At the time of the partitioning, a woven wire fence separated the two parcels and was perceived to be the boundary demarcation. In their answer to Fain’s petition to quiet title, the Williamsons, who purchased their property in 1989, admitted they and Fain were adjoining landowners and stated they and Fain had employed a registered land surveyor in 1992 to survey and plat the property of both and locate the boundary line between the two parcels. According to the Williamsons, the boundary line was established by a plat the Clarke survey dated October 12, 1992 and recorded February 6, 1998, and the parties have possessed the property pursuant to that boundary line and have acquiesced in that boundary line. That line encroaches 104.62 feet into Fain’s parcel as depicted in the 1949 Childree survey.

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