Kelley v. Randolph
295 Ga. 721
| Ga. | 2014Background
- Adjoining homeowners in Ansley Park (Kelleys and Randolphs) discovered a plat-designated alleyway between their backyards; the alleyway was never used and remnants are gone.
- Randolphs built railroad-tie terraces in their backyard in 1990; they believed construction was within their property line.
- Kelleys purchased their property in 2007 and in 2011 discovered the terraces and construction debris encroached onto the alleyway and over Kelleys’ rear property line.
- Kelleys demanded removal; Randolphs refused. Kelleys sued for trespass, declaratory relief (title, lateral-support duty), and abatement of the alleyway blockage; Randolphs counterclaimed for prescriptive title by adverse possession.
- Trial court denied Kelleys’ summary judgment and granted summary judgment to Randolphs on adverse possession; Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Randolphs acquired prescriptive title by adverse possession to the alleyway/encroached land | Kelleys: terraces were mistaken encroachments; Randolphs’ mistaken possession cannot satisfy claim-of-right for adverse possession | Randolphs: continuous, exclusive, open possession under claim of right for 20+ years (since 1990) ripened into prescriptive title | Affirmed: Randolphs met statutory elements (public, continuous, exclusive, uninterrupted, peaceable, claim of right) and 20-year period conferred prescriptive title |
| Whether Kelleys could obtain abatement, preserve easement, or a lateral-support declaration | Kelleys: even if title disputed, they hold easement/ingress rights and retain right to lateral-support declaration and abatement of nuisance | Randolphs: prescriptive title to alley extinguished any asserted easement or Kelleys’ rights; title victory defeats abatement and lateral-support relief | Affirmed: Randolphs’ prescriptive title extinguished Kelleys’ claimed rights; abatement and lateral-support relief denied |
Key Cases Cited
- Cooley v. McRae, 275 Ga. 435 (2002) (sets adverse possession elements)
- Murray v. Stone, 283 Ga. 6 (2008) (burden of proof for prescriptive title)
- Cheek v. Wainwright, 246 Ga. 171 (1980) (acts altering land appearance provide notice of possession)
- Georgia Power Co. v. Irvin, 267 Ga. 760 (1997) (exclusive dominion and appropriation evidence of possession)
- Walker v. Sapelo Island Heritage Authority, 285 Ga. 194 (2009) (explains "claim of right" / claim of title)
- Bridges v. Brackett, 205 Ga. 637 (1949) (honest boundary mistake does not prevent adverse possession)
- Waxelbaum v. Gunn, 150 Ga. 408 (1920) (adverse possession originating in mistake can ripen into title)
- Georgia Power Co. v. Gibson, 226 Ga. 165 (1970) (prescriptive title to an easement governed by same rules as land)