McGregor, et al. v River Pond Farm, LLC, 719 S.E.2d 546 (Ga. App. 2011)

(question of existence of prescriptive easement or easement acquired by adverse possession submitted to special master via state law which issued finding of prescriptive easement in favor of defendant; trial court affirmed; on further review, appellate court noted that issue of permissive use was involved, but special master failed to consider state statute specifying that “permissive possession cannot be foundation of a prescription until an adverse claim and actual notice to the other party”;  trial court award of prescriptive easement in favor of defendant vacated and special master must reconsider prior decision). 

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