Proctor v. Heirs of Jernigan

Fletcher, Presiding Justice.

Paul and Jo Proctor brought this quiet title action based on a claim of adverse possession under color of title. This Court granted the discretionary application to address whether actual notice of an adverse possession claim is necessary when there is no evidence of permissive possession. Applying the plain meaning of the statutory language in OCGA § 44-5-161, we hold that the requirement of actual notice applies only to adverse claims based on the claimant’s possession by permission. Because the trial court correctly denied the Proctors’ motion for summary…