Chornuk v. Nelson

857 N.W.2d 587 (2014)

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Nature of the Case

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Facts

In January 1986, Dahl conveyed property to Ps by warranty deed, but the deed was not recorded until June 24, 2010. On June 17, 2005, after Norman Dahl's death, Mildred Dahl conveyed the same property by warranty deed to Ds as part of the conveyance of approximately 44.5 acres. The deed was recorded on July 5, 2005. In September 2010, P sued D to quiet title to the property and sought damages for claims of trespass and conversion. D moved for summary judgment, arguing they were entitled to judgment as a matter of law and to have title quieted in their favor because they recorded their deed to the property more than five years before P recorded their deed. Ps argued that a question of fact exists as to whether Ds had constructive notice and whether Ds were good-faith purchasers. The district court denied the motion. After a bench trial, the district court quieted title in favor of Ps. Ps mowed the property three or four times per year, planted trees on the property, installed drip irrigation lines for the trees, installed flower boxes on the property and performed other general maintenance. It deemed those actions sufficient to put a prudent person on notice someone else had an interest in the property and that Ds were required to conduct further inquiry before purchasing the property from Mildred Dahl. It found Ds had constructive notice and were not good-faith purchasers. The court awarded P $2,830 in damages for trees Ds cut down on the property. A judgment was entered. After a hearing, the court ordered the damage award be reduced to $360 and entered an amended judgment. D appealed.