A Quia Timet Plaintiff must show either record title or prescriptive title

In a Georgia action for Quia Timet Against All the World, the petitioner must be able to show either that they have current record title, or that they have current prescriptive title.  But a mere expectancy is not enough.

In the case of Rivermist Homeowners Ass’n, Inc., In re, 244 Ga. 515, 260 S.E.2d 897 (1979), the Georgia Supreme Court considered the situation where a homeowners association sought to quiet title to a recreational and clubhouse site listed as “reserved” on a plat, although no deed or other disposition of the “reserved” land was ever made.   The Court reasoned that, because the association had no title, the association had no standing to bring the suit.

The Court went on to hold that there is no claim to seek Quia Timet Against All the World for easement rights, “because an easement is neither an estate of freehold nor an estate for years.”

As noted above, if a petitioner can show adverse possession or other prescriptive title, then that petitioner will have standing.

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Posted in Quia Timet Against All the World