HINES, Justice.
In this quiet title action, Josephine Bailey ("Bailey") appeals the order of the superior
Bailey owns a house and lot in the City of Newnan to which she has record title. The property that is the subject of this quiet title action is located adjacent to and behind Bailey's house and lot. The subject property is also adjacent to a house and lot to which Moten holds record title. Bailey's petition to quiet title under OCGA § 23-3-60 et seq., asserted that she owned the subject property by deed, and alternatively, by prescription. "In an action to quiet title brought under OCGA § 23-3-60 et seq., the findings of the Special Master and adopted by the trial court will be upheld unless clearly erroneous. Therefore, if there is any evidence supporting the judgment of the trial court, it will not be disturbed." Cernonok v. Kane, 280 Ga. 272, 273(1), 627 S.E.2d 14 (2006) (Citations and punctuation omitted.)
1. Bailey's claim of ownership by deed is based upon a warranty deed dated December 17, 1974, from grantor Richard Beardon to grantee Matthew Bailey, who was her husband.
Thus, by its express description, the deed upon which Bailey relies did not convey an interest in the subject property. See Hardy v. Brannen, 194 Ga. 252, 21 S.E.2d 417 (1942). Nor is there any inconsistency between the metes and bounds description and the referenced plat;
2. Bailey also claims prescriptive title to the subject property by possession for a period of more than 20 years
Neither Bailey nor her husband cultivated the property or erected any structure or fence upon it. See Double "D" Bar "C" Ranch v. Bell, 283 Ga. 386, 387(2), 658 S.E.2d 635 (2008). Compare Walker v. Sapelo Island Heritage Auth., 285 Ga. 194, 197-198(2), 674 S.E.2d 925 (2009). The Special Master noted that Bailey had periodically mowed the property, but
Friendship Bapt. Church v. West, 265 Ga. 745, 746, 462 S.E.2d 618 (1995). The Special Master also found that Bailey had periodically used the property for family gatherings, but occasional visits are not sufficient to establish possession. See Robertson v. Abernathy, 192 Ga. 694, 699(4), 16 S.E.2d 584 (1941). There was evidence that in 1974 or 1975, Bailey and her husband caused the subject property to be cleared of wild vegetation. However, "[t]imber cutting as evidence of possession has been held to be of little value," Cheek v. Wainwright, 246 Ga. 171, 172(1), 269 S.E.2d 443 (1980), there is no "stamp of approval upon mere cutting of trees as evidence of actual possession," id. at 173, 269 S.E.2d 443, and the clearing of vegetation does not require a finding that possession has been established.
Bailey contends that a pre-existing fence situated at one end of the subject property, together with the vegetation lines caused by the clearing and periodic mowing of the property, constituted an enclosure of the property so as to evidence possession. OCGA § 44-5-165; McCrea v. Ga. Power Co., 179 Ga. 1, 174 S.E. 798 (1934). Whether the property was enclosed was an issue for the trier of fact, see Brookman v. Rennolds, 148 Ga. 721, 731-732(10), 98 S.E. 543 (1919), and the photographs submitted in support of this claim could allow the Special Master to conclude that the asserted enclosure was not "so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another." OCGA § 44-5-165. As there was some evidence supporting the trial court's judgment, it did not err in adopting the report of the Special Master and denying Bailey's claim of adverse possession. Cernonok, supra.
3. The Special Master concluded that, by virtue of a 2001 quitclaim deed, title to the subject property was vested in Moten in fee simple, which was included in the trial court's final judgment. Bailey contends that this was error, asserting that Moten's chain of title is incomplete, as it arises from a 1979 deed in which the grantor was the "Fulton National Bank of Atlanta as Trustee under Jay Properties Trust." While a 1966 deed was executed conveying the property to the "Fulton National Bank of Atlanta, executor Jay C. Smith, Sr. Estate," Bailey asserts there is no record after that deed of the property being conveyed to "Fulton National Bank of Atlanta as Trustee under Jay Properties Trust." However, under the quiet title procedure, the Special Master is empowered "to ascertain and determine the validity, nature, or extent of petitioner's title and all other interests in the land, or any part thereof, which may be adverse to the title claimed by the petitioner. . . ." OCGA § 23-3-66. (Emphasis supplied.) See MPP Investments, Inc. v. Cherokee Bank, N.A., 288 Ga. 558, 560-561(1), 707 S.E.2d 485 (2011). Moten's quitclaim deed was the only deed placed
Judgment affirmed.
All the Justices concur.