In an opinion issued on July 2, 2012, the Georgia Supreme Court addressed an instance in which a would be property owner built a house on the wrong lot. The Court also addressed the issues that arose when a holder of a tax deed and quitclaim deed to the lot sought to quiet title the lot.
The opinion indicated that even where a person has not established adverse possession to a property for the statutorily required period of 20 years, that person may still have a claim to title if the value of the improvements he made exceeds the value of the property and other due rents, and if the legal title holder does not elect to pay for the improvements. The case in which this opinion was addressed was Small v. Irving, Slip Op., Appeal No. S12A0182 (Ga. Sup. Ct., July 2, 2012).
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