McBee v. Aspire at West Midtown Apartments

NAHMIAS, Justice.

Thomas R. McBee and his wife Mary A. McBee (the “McBees”) and Aspire at West Midtown Apartments, L.P (“Aspire”) are adjoining landowners on Green Street in Atlanta. The McBees claim title by prescription — adverse possession for more than 20 years — to a rectangular strip of land measuring about 24 feet by 58 feet (the “Disputed Area”) located on a lot to which Aspire holds record title (the “Aspire Lot”). Aspire used this lot and several adjoining properties it owns to develop an apartment complex, thereby depriving the McBees of the use of the Disputed Area. The McBees sued…