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Wright v. Wright

Supreme Court of Georgia

512 S.E.2d 618 (1999)

Relevant factsFree

Aitchey and his wife Lorene occupied the family farm exclusively from 1940 onward, alongside co-owning relatives (Aitchey's stepmother Leila and his minor half-siblings) who moved out by 1950; Aitchey and Lorene paid off the mortgage, paid taxes solely in Aitchey's name, made improvements, and in 1962 conveyed a portion of the farm to the county, warranting full ownership, without ever seeking permission from the co-owning siblings. The siblings knew by the 1970s they had an interest in the farm but, fearing Aitchey, never confronted him. After Aitchey died, Lorene sought quitclaim deeds from the siblings, who refused; a quiet-title action followed, and the jury found Aitchey and Lorene had acquired the entire farm by adverse possession.

IssueFree

Whether there can be adverse possession against a cotenant absent an actual ouster, exclusive possession after demand, or express notice of adverse possession.

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