Legal Opinion

McBEE v. ASPIRE AT WEST MIDTOWN APARTMENTS, L.P

Supreme Court of Georgia

Decided October 30, 2017No. S17A0683

1Opinion of the Court

302 Ga. 662

FINAL COPY S17A0683, S17A0684. McBEE et al. v. ASPIRE AT WEST MIDTOWN APARTMENTS, L.P.; and vice versa 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…

2Cases cited11 opinions

  1. Cowart v. WidenerSupreme Court of Georgia · 2010
  2. Chancey v. Georgia Power Co.Supreme Court of Georgia · 1977
  3. Simmons v. Community Renewal & Redemption, LLCSupreme Court of Georgia · 2009
  4. Bridges v. BrackettSupreme Court of Georgia · 1949
  5. Barfield v. VickersSupreme Court of Georgia · 1946

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