Benson v. Feland Brothers Properties

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Craig Benson ("Benson") appealed a district court's judgment defining the boundaries of Outlot 11 and awarding Feland Brothers Properties ("the Felands") the northern portion of Outlot 53 through adverse possession. In 1951, Ruby Benson, Benson's grandmother, acquired a 600 by 450 foot tract to the west of Whiskey Bay on Lake Metigoshe. This tract of land was subdivided into several lots. The Felands owned Outlot 10, Craig and Brenda Benson ("the Bensons") owned Outlot 53, and Danny and Gwen Aftem ("the Aftems") owned Outlot 11. Outlot 53 was the result of a survey completed in 2010. The northern portion of Outlot 53 was largely ignored by the record owners, Richard Benson and then Craig Benson. Chris Romfo, a neighbor, testified that he rented Outlot 53 from Richard Benson for about nine years and understood that it was only for the southern part of Outlot 53. Romfo testified that Richard Benson never mentioned owning the northern part of Outlot 53. Although Craig Benson testified that he and his family regularly stayed at the lake for many years, he was vague as to the use of the northern part. He testified that he didn't build anything on the northern lot, except for a small bridge across the creek, apparently connecting the north and south portions of the lot. This bridge was later removed. After the 2010 survey was completed, he placed "no trespass" signs on the northern lot and cut trees down. He also began warning others not to use the property. The previous owners of Outlot 10 made a number of improvements to the northern portion of Outlot 53. The Bensons sued the Felands and Aftems to quiet title in all of Outlot 53. The Felands and Aftems counterclaimed, arguing that they own the northern portion of Outlot 53 and title should be quieted in their favor. Alternatively, the Felands and Aftems argued that they acquired the northern portion of Outlot 53 through adverse possession. After a bench trial, the district court defined the southeastern boundary of Outlot 11 as the corner of L-8 and L-9 on Outlot 53's plat, awarded the Felands the northern portion of Outlot 53 on the basis of adverse possession, and quieted title to the southern portion of Outlot 53 in favor of the Bensons. The North Dakota Supreme Court affirmed, concluding the district court did not clearly err in defining the boundaries of Outlot 11 or in concluding the Felands adversely possessed the northern portion of Outlot 53. View "Benson v. Feland Brothers Properties" on Justia Law