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Keywords

plaintiffinjunctiontrialsummary judgmenteasement

plaintiffinjunctionaffidavitsummary judgmenteasement

Related Cases

Chancey v. Georgia Power Co., 238 Ga. 397, 233 S.E.2d 365

Facts

The plaintiff, a landowner, brought action against Georgia Power Company concerning the existence and extent of an easement on their property. Georgia Power claimed it had maintained an electric transmission line in the same location for over 40 years, with the line crossing the plaintiff's property for more than 20 years. No written deed of easement was presented, but Georgia Power argued that it had acquired the easement by adverse possession. The company also sought to enjoin the plaintiff from keeping two gas pumps located beneath the transmission line, asserting that they interfered with maintenance and posed safety risks.

The affidavits presented by Georgia Power aver that Georgia Power Company (including its predecessor Georgia Power and Light Company) has maintained an electric transmission line, known as the Waycross-Jesup line, in the same location for at least 40 years and that for more than 20 years this line has crossed the plaintiff's property at the same place.

Issue

The main legal issues were whether Georgia Power had acquired an easement by prescription and whether the gas pumps maintained by the plaintiff interfered with that easement.

Rule

The court applied the principles of adverse possession, which require possession to be public, continuous, exclusive, uninterrupted, peaceable, and accompanied by a claim of right for a period of 20 years to acquire an easement by prescription.

Just as fee simple title to land can be acquired by prescription, so too can an easement. Code s 85-409. Code s 85-402 sets out the following as the essential elements of adverse possession: possession that is public, continuous, exclusive, uninterrupted, peaceable, not originating in fraud and accompanied by a claim of right.

Analysis

The court found that Georgia Power had demonstrated all the elements of adverse possession through undisputed evidence, as the electric transmission line had been maintained in the same location for over 40 years. However, the court noted that there were material issues of fact regarding whether the gas pumps interfered with the easement, which precluded granting a permanent injunction on summary judgment.

All the elements of adverse possession being shown by undisputed evidence, the grant of summary judgment on the issue of adverse possession was proper.

Conclusion

The court affirmed the trial court's decision regarding the easement acquisition but reversed the decision to grant a permanent injunction against the plaintiff due to unresolved factual issues.

Judgment affirmed in part and reversed in part.

Who won?

Georgia Power Company prevailed in establishing the easement by prescription due to the long-term maintenance of the transmission line on the plaintiff's property.

Georgia Power did not seek a temporary restraining order or temporary injunction. Instead, it moved for a permanent injunction by summary judgment.

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