Campbell v. the Landings Ass'n Inc.

• Citation: 289 Ga. 617,713 S.E.2d 860
• Decision Date: 21 July 2011
• Docket Number: No. S11A0559.,S11A0559.
• Parties: CAMPBELL et al.v.THE LANDINGS ASSOCIATION, INC.
• Court: Georgia Supreme Court

289 Ga. 617

713 S.E.2d 860

11 FCDR 2176

CAMPBELL et al.

v.THE LANDINGS ASSOCIATION, INC.

No. S11A0559.

Supreme Court of Georgia.

July 8, 2011.Reconsideration Denied July 21, 2011.

Matthew Moser Bush, Duffy & Feemster, LLC, Savannah, for appellant.Thomas J. Mahoney, Jr., Thomas Joseph Mahoney, III, Ranitz, Mahoney, Mahoney & Pace, P.C., Savannah, for appellee.MELTON, Justice.

On March 24, 1995, Frederick and Barbara Campbell (the “ Campbells”) purchased a home in a community known as The Landings on Skidway Island (“Skidway Island Community”) in Savannah, Georgia. In October 2007, The Landings Association, Inc. (“Landings”), the non-profit corporation that serves as the homeowners association for the Skidway Island Community, sued the Campbells, claiming that the Campbells did not own a strip of land which lies between the Campbells' eastern boundary line of their property and the marshlands that lie further to the east of their property. Landings claimed that the property in question was common property owned by Landings, and that the Campbells did not have the right to build a gazebo on this property or otherwise alter this property. Landings moved for summary judgment, which the trial court granted in part, finding that the property at issue was owned by Landings, in that it had been transferred by deed from The Branigar Organization (the entity that had previously owned the property in question) to Landings on November 28, 2000, and finding that the Campbells did not gain title to the property in question by prescription. The Campbells appeal from this ruling, and, for the reasons that follow, we affirm.

“On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” (Citations and punctuation omitted.) Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245(1), 577 S.E.2d 564 (2003); OCGA § 9–11–56.

1. The Campbells contend that the trial court erred in finding that the disputed property is titled in the name of Landings.

Viewed in the light most favorable to the Campbells, the record reveals that, on May 1, 1972, the property in question was transferred by recorded deed from Union Camp Corporation (“Union Camp”) to The Branigar Organization (“Branigar”) as part of the conveyance of a larger tract of land. Specifically, the land conveyed by Union Camp included the lot that the Campbells would eventually own, and also included the disputed strip of land between the Campbells' eastern boundary line of their property and the marshlands that lie further to the east. The conveyed land was identifiable on a recorded plat, and uncontested expert testimony established that the disputed land was part of the conveyance. The disputed property is also identified in Plat Number 19, recorded in the Office of the Clerk of the Superior Court of Chatham County in Plat Book M, Folio 6, as the “Lands of Branigar.” It is further undisputed that Plat Number 19, which identifies the “Lands of Branigar,” is expressly referenced and incorporated into the Campbells' deed with regard to the legal description of the boundaries of their own property.

On November 28, 2000, Branigar conveyed to Landings by recorded deed certain lands in the Skidway Island Community, and conveyed

all right, title, and interest of Branigar, if any, in and to (i) tracts or parcels which are between the extensions of platted lot lines and contiguous marshlands adjoining or abutting highlands within said subdivision, and (ii) marshlands adjoining or abutting highlands or platted subdivision lots within said subdivision.

Besides the description given in the deed, uncontested expert testimony from a land surveyor also established that the property conveyed by Branigar in this deed included the “Lands of Branigar” referenced on Plat 19.

Because the undisputed evidence reveals that Landings gained title to the disputed property through a proper conveyance from Branigar in November 2000, and that the land in question is not owned by any other entity, the trial court properly granted summary judgment to Landings on its claim of holding the valid title to this property. See, e.g., Simmons v. Community Renewal & Redemption, LLC, 286 Ga. 6, 685 S.E.2d 75 (2009) (landowner defending against plaintiff's quiet title action entitled to...