Heer v. Thola

613 N.W.2d 658, 2000 Iowa Sup. LEXIS 124, 2000 WL 895229
CourtSupreme Court of Iowa
DecidedJuly 6, 2000
Docket98-2282
StatusPublished
Cited by11 cases

This text of 613 N.W.2d 658 (Heer v. Thola) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heer v. Thola, 613 N.W.2d 658, 2000 Iowa Sup. LEXIS 124, 2000 WL 895229 (iowa 2000).

Opinions

[659]*659LARSON, Justice.

Adjoining landowners in Jackson County disagree over the ownership of a strip of land between them. The plaintiffs argue they acquired title to the land by acquiescence under Iowa Code chapter 650 (1997). The defendant contends the plaintiffs’ chapter-650 action was barred by the special statute of limitation of Iowa Code section 614.14(5)(b) (one-year limitation on actions challenging title conveyed by trustee’s deed). The district court ruled the statute of limitation was inapplicable and held the Heers had acquired the land by acquiescence. The defendant appealed, and the court of appeals affirmed. We vacate the decision of the court of appeals and reverse the judgment of the district court.

I. Facts and Prior Proceedings.

In 1973 Lawrence and Mildred Schilling purchased a two-acre parcel of land with the intention of building a house on it for themselves and giving part of it to their daughter, Mary Heer, for a house. Mary and her husband, Robert, built their house on the southern portion of the Schilling land and moved into it in September 1973. At that time, the Schillings still owned the entire two acres, including the land occupied by the Heers’ house. In the fall of 1973, Lawrence Schilling and Robert Heer met to discuss the location of the boundary between their properties, they noticed two utility poles, one on the west side and the other on the east, and decided to locate the boundary “about two or three feet” south of the poles. Shortly thereafter, a fence running from west to east was placed in this area, attached with a wood corner post to an already-existing north-south fence along the western boundary. The fence was anchored at the east end by another corner post. The Heers seeded their yard up to the new fence, while the property north of the new fence remained in agricultural use.

In June 1974 the Schillings deeded the southern portion of the tract to Mary and her husband and retained the northern part for themselves. Over the next five years, the Schilling property remained in agricultural use. The Heers mowed and maintained the property south of the east-west fence.

In the summer of 1978, the Schillings began construction of a house for themselves on the north part of the tract and moved into it in 1979. As the Schilling house was being constructed, the east-west fence was removed, but the west corner post was left in place. Robert Heer testified that in approximately the same area where the east corner post had been there was a telephone pedestal. He considered the pedestal to mark the east end of the boundary line.

Upon completion of the Schilling house, Mr. Schilling seeded his yard to where the fence had been, and from 1979 until his death in 1991, he mowed and maintained it.

In 1990 Schilling established the Lawrence N. Schilling trust, naming himself as the original trustee and Mary Heer, his daughter, as successor trustee. (Mr. Schilling's wife was then deceased.) Schilling conveyed his property to the trust by a quitclaim deed. In 1994 Mary executed the trustee’s deed at issue here, conveying the Schilling house and property to the defendant, Robert J. Thola. At the time of the transfer, the location of the boundary between the Heer and Thola properties was not discussed.

Shortly after Thola took possession of the property, he asked Robert Heer where the property line was; Heer told him it was “approximately from high line pole to high line pole.” At trial Heer testified “I knew the boundary line was somewhere right around those [utility] poles.” (Emphasis added.) About two years after Tho-la took possession, he again asked Robert Heer about the location of the property line. At that time, Thola and Heer walked [660]*660around the yard, and Heer said the boundary was from the western corner post to the telephone pedestal. Thola moved some trees to this line and put in fence posts but never completed the fence.

In August 1997 Thola had his property surveyed and learned his recorded property line was approximately twenty-two feet south of where he had understood it to be. In other words, the Heers had been maintaining an approximately twenty-two-foot strip of land that, according to the title records, had been conveyed to Thola by the trustee’s deed.

The Heers had their own survey, which was consistent with Thola’s. The Heers, however, relied on the fact the property owners had recognized the boundary as the western corner post since 1973. In November 1997 they filed a petition to establish a boundary line, based on acquiescence under chapter 650, at the west corner post. This was approximately twenty-two feet into the property conveyed to Thola.

The district court initially dismissed the Heers’ petition as barred by the statute of limitation under Iowa Code section 614.14(5)(b) (one-year limitation on challenge to trustee’s deed). In response to the Heers’ rule 179(b) motion, however, the court entered judgment for the Heers, concluding that they had acquired the strip by acquiescence and “now permanently established as [the boundary] the line that runs from the black fence post on the west side of the parties’ property to the telephone pedestal on the east side.” The court of appeals affirmed the district court, and we granted further review.

II. The Issues.

Thola claims: (1) the court erred in ruling the Heers’ claim was not time-barred by section 614.14(5)(b), (2) the Heers were estopped from asserting their cause of action under chapter 650, and (3) the court erred in ruling the Heers had established a boundary line by acquiescence under chapter 650. Because the first issue, the statute-of-limitation defense, is dispositive of this appeal, it is unnecessary to address the last two issues.

III. The Statute-of-Limitation Defense.

Thola claims the Heers’ acquiescence claim is barred by this statute of limitation applicable to trustees’ deeds:

An action based upon an adverse claim arising on or after January 1, 1992, by reason of a transfer of an interest in real estate by a trustee, or a purported trustee, shall not be maintained either at law or in equity, in any court to recover or establish any interest in or claim to such real estate, legal or equitable, against the holder of the record title to the real estate, legal or equitable, more than one year after the date of recording of the instrument from which such claim may arise.

Iowa Code § 614.14(5)(b).

Thola argues any action to challenge his title to the property must have been initiated within one year from the date of the trustee’s deed or it would be barred. The Heers concede their action was not brought within that year. However, they contend their claim is not time-barred because (1) they obtained title through acquiescence prior to Mr. Schilling’s transfer of the property to the trust, (2) their claim is not an “adverse claim” to which section 614.14(5)(b) applies, and (3) their claim does not “arise by reason of a transfer” by a trustee.

A. The effective date of the establishment of title by acquiescence. The Heers argue section 614.14(5)(b) is inapplicable.

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613 N.W.2d 658, 2000 Iowa Sup. LEXIS 124, 2000 WL 895229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heer-v-thola-iowa-2000.