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Childs v. Sammons

Evidence that the county periodically scraped and graded a 40-foot tract adjacent to the defendants' property did not authorize an inference that the tract was dedicated for public use.

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Helen Childs filed a petition to quiet title to a 40-foot strip of land which allegedly separated her tract from that owned by Ellis and Mira Sammons Appellees. According to Ms. Childs, the disputed area is a former street dedicated to, but eventually abandoned by, the City of Gray. The City denied that the property once was one of its streets, and it made no claim of any interest in the strip. Appellees defended on the basis that the property never was dedicated as a municipal street and that they acquired prescriptive title thereto. After a hearing, the special master recommended that the trial court decree that Appellees are the owners of the disputed property, but he failed to make appropriate findings of fact and conclusions of law. The trial court adopted the special master’s report and, on appeal, we reversed and remanded for the entry of a new judgment containing the requisite findings and conclusions. Childs v. Sammons, 271 Ga. 161 516 SE2d 779 1999. On remand, the special master made a new report containing the findings and conclusions relied upon to support a recommended decree of prescriptive title in Appellees. Ms. Childs appeals from the order of the trial court adopting the recommendation of the special master on remand.

1. According to Ms. Childs, the evidence does not authorize a decree of prescriptive title in Appellees, but demands a finding that the property is an abandoned public street. She does not contend that the strip was ever formally or expressly dedicated to and accepted by the City. Instead, she relies upon the principle of implied dedication and acceptance.

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