Gruebele v. Geringer

640 N.W.2d 454 (2002)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D own adjacent property. On September 18, 2000, P began an action against D to quiet title to a disputed piece of property. The dispute involves ownership of a garage located on the property line between P's property (Tract 1) and D's property (Tract 2). The parties do not dispute that the garage sits on the property line. The garage was built in 1959/1960 by John and Katie Pleines, the owners of Tract 1 at that time. In 1975, Raymond Guthmiller purchased Tract 1 from the Pleines. During Guthmiller's ownership, it was determined the garage sat on the property line. The owners of Tract 2 at that time, John and Elizabeth Guthmiller, gave Raymond Guthmiller permission to keep the garage at its location, and the two adjacent owners shared the garage. Henry Wallenvein purchased Tract 1 from Raymond Guthmiller in 1977. Wallenvein heard rumors the garage was on the property line after he had purchased the property. P purchased Tract 2 in 1994, and stored gardening tools, a boat, and a pickup in the garage. In 1996, Wallenvein sold Tract 1 to D. At the sale, P removed their gardening tools from the garage and informed D the garage was on the property line and would have to be moved. The court found that the garage was on the boundary line in 1975, and has been shared by the adjacent owners since then, defeating any claim of adverse possession based on a failure to show exclusive and continuous possession of the property. The trial court concluded that P is the rightful owner of Tract 2, and ordered title to the property quieted as to D's claims. D appealed.