Poullos v. Pine Crest Homes, LLC

876 N.W.2d 356 (2016)

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Nature of the Case

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Facts

In November 2001, George and Jody Poullos (Ps) purchased a home and residential property on lot 368 in a subdivision. The home was fully completed; sod had been laid on the lot, an underground sprinkler system had been installed, and a sidewalk had been constructed. Ps believed their property extended to the edge of the sod line. From 2001 on, Ps continuously mowed, fertilized, and watered the sod, maintained the sprinkler system, and cleared the sidewalk of snow. The property directly adjacent, lot 367, was vacant. Lot 367 remained vacant until 2013, when D, began constructing a home. A survey discovered that a wedged-shaped section of land maintained by Ps was actually part of lot 367, not lot 368. The area is about 667 square feet of land. Ps filed a complaint for injunctive relief and to quiet title. The district court denied injunctive relief but, after conducting a bench trial, found Ps had established all of the elements of adverse possession and quieted title to the disputed land in their favor. D appealed.