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Emson Investment Properties, Llcv.Jhj Jodeco 65, Llc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A1598
DecidedMarch 5, 2019
Reporter341 Ga. App. 517
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleCivil ProcedureStatutory InterpretationReversalRemand
Case Summary

Several owners developed a commercial project with shared parking, access, water, sewer, and storm-water infrastructure, but the deeds did not record cross-easements or use restrictions. After foreclosure separated the parcels, Emson blocked JHJ’s access to part of the development, and JHJ sued for declaratory and injunctive relief based on implied and quasi-easements. The trial court ruled for JHJ after a bench trial. The Court of Appeals reversed. The evidence did not establish the legal requirements for the claimed easements, and Emson’s status as a later purchaser prevented the court from imposing rights that were not recorded or otherwise legally created. Because the declarations of access rights were erroneous, the related injunctions granting parking, delivery, and utility access also lacked a legal foundation. The court held that equity could not create rights contrary to established property law and reversed the judgment in full.

Opinion

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Emson Investment Properties, Llc V. Jhj Jodeco 65, Llc Et Al. — The Atlanta Gleaner