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Buchheit v. Gillis

The trial court did not err in submitting a special verdict form to the jury that required the jury to resolve the question of whether the plaintiffs acquired title to the disputed property through acquiescence or agreement.

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The Gillises and the Buchheits own adjoining lots in Rivers End Subdivision in Chatham County. The Gillises sued the Buchheits in a boundary line dispute. In Gillis v. Buchheit,1 we reversed the trial court’s grant of the Buchheits’ motion for summary judgment. The Buchheits now appeal judgment on a jury verdict in the Gillises’ favor. Finding no reversible error, we affirm.

As stated in Gillis, Mr. Gillis purchased his and his wife’s lots from George Clarke, Sr., and George Clarke, Jr., in 1956. After Clarke, Sr.’s death, the Buchheits purchased their lots from Clarke, Jr., in 1972. Gillis testified that when he purchased his lots from the Clarkes, it was mutually understood that the boundary line would be one that he and Clarke, Sr. had agreed upon, marked, and blazed in 1955 the “1955 line”. Gillis further testified that after the purchase he filled in and maintained an area of land until 1995, when the Buchheits decided to build a house on their lots. In reliance on a 1944 recorded plat, the Buchheits in 1995 asserted entitlement to, and began exercising dominion over, an area encompassing the 1955 line and including land Gillis filled.

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