Decker Car Wash, Inc. v. BP Products North America, Inc.

Ellington, Judge.

The Superior Court of Fulton County granted the motion for summary judgment filed by BP Products North America, Inc. in the action to enforce an easement filed by Decker Car Wash, Inc. The trial court denied Decker’s cross-motion for summary judgment. Decker appeals, contending that, pursuant to OCGA § 44-9-4, a parol license to use BP’s property had ripened into an easement running with the land in favor of Decker’s property. For the reasons that follow, we affirm.

Viewed in the light most favorable to Decker, 1 the undisputed evidence showed that Miles F. Daly, Sr. bought…