Matter of Zahradka

472 N.W.2d 153, 1991 Minn. App. LEXIS 636, 1991 WL 103046
CourtCourt of Appeals of Minnesota
DecidedJune 18, 1991
DocketC0-90-2557
StatusPublished
Cited by5 cases

This text of 472 N.W.2d 153 (Matter of Zahradka) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Zahradka, 472 N.W.2d 153, 1991 Minn. App. LEXIS 636, 1991 WL 103046 (Mich. Ct. App. 1991).

Opinion

OPINION

KALITOWSKI, Judge.

Appeal is from a judgment entered pursuant to the trial court’s order revising the land descriptions contained in the parties’ certificates of title so as to exclude a disputed piece of property from appellants' certificate.

FACTS

This action involves a dispute between adjoining landowners over ownership of a 38' by 50' piece of Torrens property located near the southwest corner of Randolph and Snelling Avenue in St. Paul. The disputed property is located on the southern boundary of property currently registered in the names of appellants Randall J. and Winifred E. Zahradka, and on the northern boundary of property registered in the names of respondents Robert L. and William S. Reiling.

The Reilings are the registered owners, under certificate of title number 284369, issued May 8, 1972, of the following described land in Ramsey County:

The South 115.64 feet of the North 255.64 feet of the East 255.64 feet of the Northeast quarter of the Southeast quarter of Section 9, Township 28, Range 23, except the East 50 feet for Snelling Avenue and except the Northerly 38 feet of the Easterly 150 feet thereof.

The Zahradkas are the registered owners, under certificate of title number 344144, issued September 22, 1989, of the following described land in Ramsey County:

The Northerly 38 feet of the Easterly 200 feet of the Southerly 115.64 feet of the Northerly 255.64 feet of the Northeast Quarter of the Southeast Quarter of Section 9, Township 28, Range 23, except the Easterly 50 feet taken for Snelling Avenue.

The land described on both certificates of title and other lands were originally registered as parts of one larger tract. In 1946, the City of St. Paul, then owner of all the land registered in the Torrens proceeding, conveyed to Leo C. Goodrich that part of the registered land now involved in this case.

On April 18, 1946, Goodrich conveyed part of this land. The deed and the certificate of title which the Registrar of Titles subsequently issued to the grantee contained the same land description which now appears on the Reilings’ certificate of title number 284369. The Registrar also issued a residue certificate to Goodrich. The residue certificate contained the same land description which now appears on the Zahrad-kas’ certificate of title number 344144.

In 1946, a 36-unit apartment and an ancillary parking lot were constructed on the property described on the Reilings’ certificate. The Reilings, as the sole shareholders of Snelling Investment Company, became owners of the property on December 31, 1970. After purchasing the property, the Reilings paved the ancillary parking lot. The parking lot is comprised of both the disputed property and other property owned by the Reilings. Continuously since December 31, 1970, the Reilings have made exclusive and daily use of the disputed *155 property as a parking area for tenants of their apartment building.

On May 21, 1946, Goodrich conveyed the land described on the Zahradkas’ certificate to the Standard Oil Company. On December 7, 1961, the certificate of title in the Standard Oil Company’s name was can-celled and a certificate was issued in the name of The American Oil Company (Amoco).

In 1965, Amoco constructed an automobile service station which bordered the disputed property on the east and north. In addition, Amoco erected a 5' redwood fence which, together with the building, separated the disputed property from the service station property.

Rubin Zamansky leased the Amoco property from 1946 through 1979. Zamansky testified at trial that he never maintained the disputed property after 1946, nor did he have occasion to go on the disputed property after that time.

In 1979, the Zahradkas leased the service station property from Amoco. The building and redwood fence constructed in 1965 were in place. In June of 1989 the Zahrad-kas purchased the property from Amoco.

On June 14, 1989, Randall Zahradka commissioned a survey of the land described in Amoco’s certificate of title. The survey indicated that the disputed property was included in Amoco’s certificate. Zahradka did not know before that time that Amoco’s certificate included the disputed property although he had leased the service station for ten years. The Zahradkas initiated plans to make use of the disputed property and this lawsuit ensued.

ISSUE

Did the trial court err in determining that certificates of title issued to adjoining landowners included the same property and in applying the doctrine of practical location of boundary line to resolve the disputed ownership?

ANALYSIS

It is undisputed that the legal description in the Zahradkas’ certificate of title clearly and unambiguously includes the disputed property. The trial court concluded that the legal description in the Reilings’ certificate was ambiguous and did not exclude the disputed property. We must first determine whether the Reilings’ certificate is susceptible of this interpretation.

As with any written instrument, determination of whether a certificate of title is ambiguous is a question of law. See Employers Liability Assurance Corp. v. Morse, 261 Minn. 259, 263, 111 N.W.2d 620, 624 (1961). A reviewing court is not bound by the trial court’s conclusion as to the existence of an ambiguity. See Lamb Plumbing & Heating Co. v. Kraus-Anderson, 296 N.W.2d 859, 862 (Minn.1980).

A written instrument is ambiguous if it is reasonably susceptible of more than one interpretation based on its language alone. Collins Truck Lines, Inc. v. Metropolitan Waste Control Comm’n, 274 N.W.2d 123, 126 (Minn.1979). Thus, we must determine whether the following language is reasonably susceptible of more than one interpretation:

The South 115.64 feet of the North 255.64 feet of the East 255.64 feet of the Northeast Quarter of the Southeast Quarter of Section 9. Township 28, Range 23, except the East 50 feet for Snelling Avenue and except the Northerly 38 feet of the Easterly 150 feet thereof.

We find this land description ambiguous on its face in that it may or may not include the disputed property. The ambiguity results from the use of two exception clauses in the land description. The description defines a larger parcel from which two smaller parcels are excluded. It is unclear whether the word “thereof” at the end of the second exception clause applies to the main parcel of land minus the 50 feet taken for Snelling Avenue, or to the larger parcel without any diminution by the excluded 50 feet for Snelling Avenue. If the former, the land description contained in the Reilings’ certificate would not include the disputed property. If the latter, *156 the land description would include the disputed property.

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Related

Pratt Investment Co. v. Kennedy
636 N.W.2d 844 (Court of Appeals of Minnesota, 2001)
Petition of McGinnis
536 N.W.2d 33 (Court of Appeals of Minnesota, 1995)
Zahradka v. State, Office of the State Treasurer
515 N.W.2d 611 (Court of Appeals of Minnesota, 1994)
Petition of Building D, Inc.
502 N.W.2d 406 (Court of Appeals of Minnesota, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
472 N.W.2d 153, 1991 Minn. App. LEXIS 636, 1991 WL 103046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-zahradka-minnctapp-1991.