Rogers v. Moore

603 N.W.2d 650, 1999 Minn. LEXIS 842, 1999 WL 1269178
Supreme Court of Minnesota·Decided December 30, 1999·No. C0-98-1345·Published·Cited by 67 cases

Opinion

OPINION

PAUL H. ANDERSON, Justice.

The parties in this case are embroiled in a dispute over the status of a driveway located on parts of two adjoining residen *652 tial lots in North Minneapolis. Lynn and Donna Rogers assert that they have demonstrated the continuous use of a driveway over part of John and Lisa Moore’s property for the 15-year period required to establish a prescriptive easement. The Moores claim that the Rogers have failed to prove the existence of the easement. The district court found that the Rogers established an easement, but the Minnesota Court of Appeals reversed on the grounds that the record did not support a finding of continuous use. We reverse the court of appeals on the grounds that the district court’s finding of continuous use was not clearly erroneous.

The facts relevant to this case span nearly 30 years, beginning on November 21, 1969, when appellant Lynn Rogers and his former wife, Susanne Rogers, purchased a parcel of real estate (hereinafter referred to as the Rogers’ property) legally described as:

South one-half of Lot 9, Block 9, Botti-neau’s Second Addition to the Town of St. Anthony, County of Hennepin, State of Minnesota.

This lot is commonly known as: 1907-1909 Third Street Northeast, Minneapolis, MN. At the time of purchase, the Rogers’ property consisted of an improved residential lot with a duplex and a detached garage. From 1969 until 1976, Lynn and Susanne Rogers resided in the upper level of the duplex together and leased the lower level to various tenants. In 1976, Lynn Rogers and Susanne Rogers divorced and Lynn Rogers retained possession of the duplex. In 1979, Lynn Rogers married appellant Donna Rogers. From 1979 until 1983, Lynn and Donna Rogers (the Rogers) maintained two residences: the upper level of the Minneapolis duplex and a separate residence in Ely, Minnesota. Between 1979 and 1983, they continued to lease the lower level of the Minneapolis duplex.

Throughout this entire time, from the date of purchase until 1983, the Rogers and their tenants used a driveway that ran from a curb cut on Third Street east along the north property line of their property. This driveway was the only access to the garage and a gravel parking area behind the Rogers’ duplex. In 1978 during routine sidewalk maintenance, the city of Minneapolis widened the Third Street curb cut to more closely correspond to the width of the driveway. At that time, the driveway was approximately 10 feet wide. Unknown to anyone during this time, the driveway encroached on the property immediately to the north of the Rogers’ property.

In December 1983, the Rogers sold their property by contract for deed to D & S Properties, a Minnesota Partnership (D & S). D & S purchased the Rogers’ property as an investment, intending to lease both units, and from 1983 until 1990 or early 1991, D & S leased both units to various residential tenants. At some point between 1983 and 1994, the detached garage was demolished and removed. D & S neglected to maintain the property and, by late 1990 or early 1991, had allowed the property to become so run down that there were no tenants remaining in the duplex. D & S stopped making payments on the contract for deed in late 1990 or early 1991. The Rogers cancelled the contract for nonpayment in 1991. It is uncontested that during the life of the D & S contract for deed, Lynn Rogers made approximately 12 visits to the property to check on its condition in case he “ended up getting it back.” He testified that on each visit he noticed cars parked in the gravel parking area behind the duplex and that the driveway showed signs of use. After the Rogers repossessed their property, they placed it on the market for sale.

In October 1991, Joseph Sheehan purchased the Rogers’ property by contract for deed. Sheehan intended to renovate the duplex and then lease both units. While Sheehan was renovating the duplex, he also excavated, refilled, and defined the driveway without changing its dimensions. Due to business difficulties, Sheehan soon was unable to make payments on the con *653 tract for deed or to pay real estate taxes on the property. In August 1994, the Rogers’ property was forfeited for unpaid real estate taxes. The Rogers redeemed the property from the state, cancelled the contract for deed, and repossessed the property early in 1995. The Rogers then repaired the damage to the duplex caused during its vacancy and new tenants moved in during July 1996.

From as early as 1969 until early in 1994, the property immediately to the north of the Rogers’ property contained an older single-family house, which was set back approximately 3 feet from the south property line. The south wall of this house generally defined the northern boundary of the Rogers’ driveway. In the spring of 1994, the Greater Minneapolis Metropolitan Housing Corporation replaced this house with a new larger single-family house set back approximately 11 feet from the south property line. However, the driveway remained at its previous location. Respondents John and Lisa Moore (the Moores), then living a few blocks away, observed the construction of the new house and noticed that the property was for sale.

On April 25, 1994, the Moores entered into a purchase agreement for the parcel of real estate immediately north of the Rogers’ property (hereinafter referred to as the Moores’ property) legally described as:

South one-half of Lot 8 and the North half of Lot 9, Block 9, Bottineau’s Second Addition to the Town of St. Anthony, County of Hennepin, State of Minnesota. 1

This lot is commonly known as: 1911 Third Street Northeast, Minneapolis, MN. The Moores’ property consists of an improved residential lot with a single-family house and a detached garage. Prior to signing the purchase agreement, the Moores inspected the property and noticed both the curb cut on Third Street and the gravel driveway extending along the property line between their property and the Rogers’ property. The Moores moved in a month later, by May 28, 1994, and closed on the property on June 25,1994.

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Rogers v. Moore, 603 N.W.2d 650, 1999 Minn. LEXIS 842, 1999 WL 1269178 (Mich. 1999).

603 N.W.2d 650 (Rogers v. Moore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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