Bailey v. Moten (2011)

Finally, “[p]rescriptive rights are to be strictly construed, and the prescriber must give some notice, actual or constructive, to the landowner he or she intends to prescribe against.” (Citation and punctuation omitted.) Bailey v. Moten, 289 Ga. 897, 899 (2) ( 717 SE2d 205 ) (2011). 9 In this case, the trial court correctly concluded that Talboy could not establish that her possession of the sewer line on Dukes’ land was public under OCGA § 44-5- 161.

Bailey v. Moten, 289 Ga. 897, 900 (2) ( 717 SE2d 205 ) (2011) (mowing property, cutting trees, occasionally cleaning, and periodically using property for family gatherings insufficient to establish adverse possession, as such activities did not indicate actual possession which is “so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another”) (citation and punctuation omitted).

OCGA § 44-5-161 (a).” (Citation and punctuation omitted.) Bailey v. Moten, 289 Ga. 897, 898 (2) ( 717 SE2d 205 ) (2011). 10 “Under OCGA § 44-5-165, actual possession may be evidenced by enclosure, cultivation, or any use and occupation which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another.” Friendship Baptist Church v. West, 265 Ga. 745 ( 462 SE2d 618 ) (1995).

OCGA § 44-5-161 (a).” (Citation and punctuation omitted.) Bailey v. Moten, 289 Ga. 897, 898 (2) ( 717 SE2d 205 ) (2011).