Washington v. Brown
290 Ga. 477
Ga.2012Background
- In 1962, Joseph Washington purchased 1.735 acres in McIntosh County where he and his wife live.
- In 1976, Joan Brown purchased property adjacent to Washington, alleging 4.49 acres.
- Brown began building a house on her property in 1982 and moved in by 1983.
- In 2002, a survey showed overlap between Washington’s and Brown’s parcels, each claiming the overlap area in their deeds.
- In 2003, Washingtons filed a quiet title action; Brown counterclaimed; a Special Master favored Brown.
- In 2009, the trial court adopted the Special Master’s report and ruled for Brown; on appeal, the Washingtons challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Brown prove ownership by deed or color of title? | Brown lacks deed-based ownership; deed description does not include the disputed area. | Brown relied on color of title and associated plat to claim ownership over the overlap. | No, Brown failed; ownership not proven by deed or color of title. |
| Did Brown acquire prescriptive title by adverse possession? | Brown possessed for seven or twenty years as required; favorable ruling should stand. | Brown never held uninterrupted possession for 20 years; period is insufficient. | Prescriptive title by adverse possession failed as a matter of law. |
| Do the Washingtons own the disputed property or is possession by the Washingtons sufficient for title? | Washingtons own or have exclusive possession supporting title claim. | Washingtons cannot show ownership and their use is not exclusive possession for 20 years. | Washingtons do not own the disputed property; their possession not enough for title. |
Key Cases Cited
- Luttrell v. Whitehead, 121 Ga. 699 (1905) (color of title cannot extend beyond deed's terms)
- Johnson v. Willingham, 212 Ga. 310 (1956) (plat does not override deed description)
- Seignious v. Metropolitan Atlanta Rapid Transit Authority, 252 Ga. 69 (1984) (findings in quiet title upheld if not clearly erroneous)
- Nebb v. Butler, 257 Ga. 145 (1987) (trial court's judgment sustained if supported by any evidence)
- Gurley v. East Atlanta Land Co., 276 Ga. 749 (2003) (prescriptive title requires 20 years of uninterrupted possession)