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Hood v. Spruill

Property buyers who admitted they were aware of roadway easement across the property at the time of purchase could not file a breach of warranty claim against the seller when they were sued for blocking the easement.

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Plaintiffs/appellants Leontina and Alfred Hood appeal from 1 the trial court’s grant of summary judgment to defendant/appellee Hugh Spruill in their action for breach of a general warranty deed guaranteeing good title to purchased property and 2 the trial court’s subsequent denial of their cross-motion for summary judgment thereon.

The Hoods purchased from Spruill approximately an acre of vacant land on the corner of East Cobb Drive and Johnson Ferry Road in Cobb County in order to build a Eurocar repair shop. The property contains a 50 foot wide roadway easement with a paved road known as Five Points Lane running down the middle. The easement bifurcates the property from East Cobb Drive to Johnson Ferry Road and provides public access to both Johnson Ferry Road and Roswell Road. After purchase and the start of construction on the car repair facility, the Hoods were sued by an existing business owner when the construction encroached upon the easement and restricted public access to the road. The Hoods then filed suit against Spruill alleging breach of a general warranty deed conveyed at closing which guaranteed title to the property “against the lawful claims of all persons whomsoever.” The trial court granted Spruill’s motion for summary judgment and denied the Hoods’ cross-motion. The Hoods appeal. Held:

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