Gilbert v. Fine
Gilbert v. Fine
Opinion of the Court
Dennis Fine, Christina Fine, and George Patronis (collectively, the “plaintiffs”) filed this action against Thomas Gilbert, Marilyn Gilbert, and Albert Remler (collectively, the “defendants”), seeking ejectment and a declaratory judgment, contesting the validity of a purported perpetual easement on the plaintiffs’ property created by a previous owner.
Case No. A07A1477
On appeal, we review the trial court’s grant of summary judgment de novo to determine whether the evidence of record, viewed in a light most favorable to the nonmoving party, demonstrates any genuine issue of material fact.
Thereafter, Langford entered into a written agreement to sell Lot 1 to defendants Thomas and Marilyn Gilbert; the agreement specifically referred to the perpetual easement. At the closing, Langford executed a warranty deed conveying Lot 1 to the Gilberts that specifically stated that it included all rights, including the perpetual
Langford also executed a sales contract to sell Lots 22 and 23 to Rob Renno. The contract expressly stated that the property was subject to the perpetual easement over the eastern portions of the lots for the benefit of Lot 1. After Renno assigned the contract to Patronis Properties, Inc., Langford conveyed Lots 22 and 23 to Patronis Properties by warranty deed, which did not refer to the perpetual easement for the benefit of Lot 1. Patronis Properties later conveyed Lot 22 to plaintiff George Patronis and Lot 23 to plaintiffs Dennis and Christina Fine. Neither warranty deed referred to the perpetual easement.
After the plaintiffs filed their action to quiet title and for ejectment, the parties filed cross-motions for summary judgment and the trial court ruled in favor of the plaintiffs, concluding that the purported perpetual easement was invalid and void ab initio.
1. The defendants argue that the trial court erred in granting summary judgment to the plaintiffs and in denying their own motion for summary judgment. We disagree.
(a) In ruling in the plaintiffs’ favor, the trial court concluded that the merger doctrine “operated to extinguish the purported perpetual easement.” In Georgia, “ ‘[w]here there is a union of an absolute title to and possession of the dominant and servient estates in the same person, it operates to extinguish any such easement absolutely and forever.’ ”
The defendants argue that the merger doctrine applies only when the union or combination of estates occurs after the execution of the easement and thus, because Langford held all of the lots at issue before she created the purported perpetual easement, the merger doctrine is inapplicable here.
(b) The defendants also contend that the plaintiffs had actual and constructive knowledge of the easement when they acquired the property. But the plaintiffs could not have constructive knowledge of an invalid easement.
The defendants’ claim that the plaintiffs had actual notice of the easement is also unsupported by the record. Although the sales contract between Langford and Renno specifically stated that the property was subject to the perpetual easement, Renno never purchased the property and, instead, assigned the contract to Patronis Properties. The easement was not mentioned in the warranty deed from Langford to Patronis Properties nor in the deeds from Patronis Properties to George Patronis and the Fines. “[W]hen an owner of property conveys it with warranty and without express reservation of an alleged easement, the owner parts with any easement he might claim in the property.”
(c) Citing Fraser v. Martin,
(d) Finally, the defendants argue that even if the perpetual easement is deemed invalid, Langford conveyed an easement to the defendants when she sold the property to the Gilberts. This argument fails as well. The warranty deed from Langford to the Gilberts
Case No. A07A1478
2. In their cross-appeal, the plaintiffs contend that the trial court erred in failing to grant the affirmative relief they sought in their complaint after granting them summary judgment. Specifically, the plaintiffs challenge the trial court’s failure to issue a declaratory judgment and an order of ejectment, requesting that this Court remand the case to the trial court with instructions to grant the relief sought in the complaint pursuant to OCGA § 9-11-54 (c).
We find no error. The plaintiffs “move[d] for summary judgment on the remaining count [sic] in their [c]omplaint.” In its order, the trial court granted the plaintiffs’ motion for summary judgment in its entirety and denied the defendants’ motion, finding that “there are no issues of material fact and that [the] [defendants cannot prevail as a matter of law. . . . [The] [p]laintiffs are entitled to summary judgment as a matter of law pursuant to OCGA § 9-11-56.” In so ruling, the trial court granted all of the relief sought by the plaintiffs. And the plaintiffs have failed to provide any legal authority for their apparent argument that the form of the final order was insufficient or incomplete. Thus, the plaintiffs’ enumeration affords no basis for relief, and we affirm.
3. In light of this opinion, the defendants’ motion to dismiss the plaintiffs’ cross-appeal is rendered moot.
Judgment affirmed.
The plaintiffs also asserted claims for trespass, temporary and permanent injunctive relief, punitive damages, and attorney fees, but later dismissed those claims.
The plaintiffs originally appealed to the Supreme Court of Georgia based on their belief that the case sounded in equity and involved title to land. The Supreme Court found that the appeal “does not invoke [the Supreme Court’s] title to land jurisdiction” and that “any injunctive relief sought was merely ancillary” to the legal issues raised, and transferred the case to this Court. The defendants filed their cross-appeal in this Court.
SeeOCGA§ 9-11-56 (c); Wynns v. White, 273 Ga. App. 209, 209-210 (614 SE2d 830) (2005).
See id.
Elrod v. Elrod, 272 Ga. 188, 190 (2) (526 SE2d 339) (2000).
See id.; Tew v. Hinkle, 273 Ga. App. 12, 12-13 (1) (614 SE2d 160) (2005).
(Punctuation omitted.) Elrod, supra; see Tew, supra at 12.
Tew, supra, quoting Grizzard v. Broom, 136 Ga. 297, 299 (3) (71 SE 430) (1911).
See Tew, supra at 13.
See id.
195 Ga. 683 (25 SE2d 307) (1943).
See Tew, supra at 14 (2).
See id.
See Hidalgo County Water Control &c. v. Hippchen, 233 F2d 712, 714-715 (5th Cir. 1956).
See, e.g., Woodyard v. Jones, 285 Ga. App. 323, 324 (1) (646 SE2d 306) (2007).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.