Smith v. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA

Banke, Presiding Judge.

On October 22, 1986, the appellants purchased a parcel of improved real property in the City of Roswell, Georgia, known as “4-6 Elizabeth Way,” on which the appellee issued a policy of owners’ title insurance the following day. At the rear of the building located on the property is an alleyway approximately 40 feet wide which is used by the appellants for parking and access to the back of the building. In March of 1990, the City of Roswell notified the appellants that it had maintained the alleyway for approximately 100 years and consequently claimed title to the entire…