289 Ga. 138
Ga.2011Background
- Turners filed quiet title action against City of Tallapoosa, Hicks Estate, Owensby Estate, and Ridleys over roadbeds of Mays Street and Grant Street running through Hicks and Owensby Estates.
- City's 2001 petition to close portions of the streets alleged the segments touching Hicks Estate were open streets but of no use to the City and could be closed and conveyed to Hicks Estate owners.
- City resolution of May 14, 2001 closed only portions touching Hicks Estate, not segments through Owensby Estate, and contemplated conveyance to Hicks Estate owners.
- A quitclaim deed issued to Hicks Estate owners described the entirety of the roadbeds as open streets, creating ambiguity and misdescription.
- Hicks Estate was deeded to Turners in 2003; Owensby Estate later conveyed to Ridleys; Ridleys constructed a building over what would have been the roadbeds.
- Turners alleged pollution of a lake and other related claims; the trial court granted summary judgment to all defendants except nuisance against Ridleys; ante litem notice issues affected nuisance claim against City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turners hold title to roadbeds through Owensby Estate | Turners claim full roadbeds were conveyed to Hicks Estate owners. | City conveyed only Hicks-portion roadbeds; Owensby portions remained with public ownership. | No title to Owensby portion; quiet title properly denied. |
| Effect of ambiguous quitclaim deed | Deed conveys all open streets across properties. | Description ambiguous; extrinsic evidence shows intent to convey only Hicks portion. | Ambiguity resolved by extrinsic evidence; only Hicks-portion conveyed. |
| Nuisance claim against City and ante litem notice | Nuisance damages against City valid despite notice issues. | Ante litem notice insufficient for nuisance claim; City entitlement to summary judgment on remaining claims. | Nuisance claim against City dismissed for lack of proper ante litem notice; other claims resolved. |
| Prescriptive easement against Ridleys | Past use of road circling lake constitutes prescriptive easement through Owensby Estate. | Record insufficient to establish prescriptive easement; proceedings presumed regular. | No clear error; trial court's dismissal not shown to be erroneous. |
Key Cases Cited
- City of Walnut Grove v. Questco, Ltd., 275 Ga. 266 (Ga. 2002) (ante litem notice governs nuisance claims against municipal defendants)
- Deljoo v. SunTrust Mortgage, Inc., 284 Ga. 438 (Ga. 2008) (bona fide purchaser risk when title description is vague)
- Vaughn v. Buice, 253 Ga. 540 (Ga. 1984) (presumption of regularity in lower court proceedings)
- Ketchum v. Whitfield County, 270 Ga. 180 (Ga. 1998) (extrinsic evidence may fix boundary when deed description is ambiguous)