Campbell v. THE LANDINGS ASS'N, INC.
289 Ga. 617
| Ga. | 2011Background
- Campbells purchased a home in The Landings on Skidway Island in Savannah, GA, on March 24, 1995.
- Landings sued in October 2007 seeking to establish that a disputed strip between Campbells' eastern boundary and marshlands is Landings' common property and that Campbells lack title to it.
- Trial court granted partial summary judgment to Landings, holding Landings owned the disputed land by deed from Branigar (Nov. 28, 2000) and that Campbells could not acquire title by prescription.
- In 1972, Union Camp conveyed the land including the disputed strip to Branigar; Plat 19 identifies the area as the 'Lands of Branigar' and this plat is referenced in Campbells' deed.
- On November 28, 2000 Branigar conveyed to Landings all right, title, and interest in lands between extended lot lines and marshlands, with uncontested survey corroborating inclusion of the 'Lands of Branigar'.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who owns the disputed strip of land between the Campbells' property and the marshlands? | Campbells contend they own by title or adverse possession. | Landings holds title via Branigar conveyance. | Landings owns the disputed property as a matter of law. |
| Whether the disputed land is common property of the Skidway Island Community. | The 1972 Covenants authorized Branigar to convey common property to Landings; no deadline implied. | Disputed land was conveyed to Landings and is common property. | Yes, the land is common property of Landings. |
| Whether Campbells can establish prescriptive title to the disputed strip. | Campbells used the land openly and adversely for twenty years under color of title. | Use was not continuous, exclusive, or adverse for twenty years; possession was permissive/common property use. | Campbells cannot establish prescriptive title as a matter of law. |
Key Cases Cited
- Simmons v. Community Renewal & Redemption, LLC, 286 Ga. 6 (Ga. 2009) (owner entitled to summary judgment where undisputed title shown)
- Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243 (Ga. 2003) (de novo review for genuine issues of material fact on summary judgment)
- Atlanta Trailer Mart v. Ashmore Foods, 247 Ga. 254 (Ga. 1981) (adverse possession principles akin to 20-year requirement; color of title constraints)