Thomas v. Henry County Water & Sewerage Authority
317 Ga. App. 258
| Ga. Ct. App. | 2012Background
- Thomas brothers own 8.1 acres on the Newton County side with a hydroelectric facility; they claim 4.82 acres in Henry County including riverbed and dry land.
- Water Authority seeks to survey and assert title to disputed land based on chain of title from Whitehead Die heirs and Hanger.
- Whitehead Die’s deeds and 1991 sale via Hanger create competing descriptions of property along the South River and Snapping Shoals.
- Unrecorded 1977 deed granting 4.82 acres was discovered after litigation began; 1976 deeds granted easements and operation of dam and mill race.
- Water Authority purchased land from Hanger in 2008 after correcting title gaps via quitclaim deeds from Whitehead Die heirs; Thomases opposed survey.
- Trial court granted summary judgment to Water Authority; Thomases appeal arguing priority of deeds, consideration for correction deeds, and adverse possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Priority of Hanger’s quitclaims over Thomases’ 1977 deed | Thomases: Hanger not an innocent purchaser due to notice | Water Authority/Hanger: Hanger innocent; first recorded deeds control | Hanger’s deeds valid; priority rule applies |
| Validity of 2008 quitclaims as supported by consideration | Thomases: no new consideration; incorrect rectification | Water Authority: consideration rests on prior 1991 consideration; rectification valid | 2008 quitclaims supported by original consideration; no new consideration needed |
| Adverse possession sufficient to vest title in Thomases | Thomases: physical control and use establish prescription | Water Authority: Thomases’ actions were consistent with easement; no exclusive possession | Evidence insufficient; no prescriptive title established |
Key Cases Cited
- Church of the Nativity v. Whitener, 249 Ga. App. 45 (2001) (priority rules for competing deeds; recorded versus unrecorded)
- Farris v. Nationsbanc Mortgage Corp., 268 Ga. 769 (1997) (bonafide purchaser protection against undisclosed interests)
- Bullock v. Johnson, 110 Ga. 486 (1900) (consideration for corrective deeds rests on original consideration)
- Montgomery v. Barrow, 286 Ga. 896 (2010) (notice-based inquiry may negate innocence of purchaser)
- Bailey v. Moten, 289 Ga. 897 (2011) (adverse possession standards; possession must be notorious and exclusive)
- Ga. Power Co. v. Irvin, 267 Ga. 760 (1997) (adverse possession mixed question of law and fact)
- Friendship Baptist Church v. West, 265 Ga. 745 (1995) (possession and use criteria under OCGA 44-5-165)