Ruikkie v. Nall

798 N.W.2d 806, 2011 Minn. App. LEXIS 51, 2011 WL 1743859
CourtCourt of Appeals of Minnesota
DecidedMay 9, 2011
DocketNo. A10-1339
StatusPublished
Cited by3 cases

This text of 798 N.W.2d 806 (Ruikkie v. Nall) 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
Ruikkie v. Nall, 798 N.W.2d 806, 2011 Minn. App. LEXIS 51, 2011 WL 1743859 (Mich. Ct. App. 2011).

Opinion

OPINION

MINGE, Judge.

This case concerns the boundary line between two parcels of property near Mitchell Lake, about three miles south of Ely in St. Louis County. Appellants Robert and Karen Ruikkie are the record owners of Government Lot (Gov’t Lot) 6.1 George and Leslie Nall, the principal respondents in this case, are the record owners of Gov’t Lot l,2 which is located to the north of Gov’t Lot 6. Whether Gov’t Lot 6 has any frontage on Mitchell Lake is at the heart of this controversy.

In 2007, the Ruikkies filed a petition pursuant to Minn.Stat. § 508.671 (2010) for the judicial determination of Gov’t Lot 6’s boundaries. The district court established the boundaries after finding that the Ruikkies expressly agreed to and acquiesced in a boundary between Gov’t Lot 1 and Gov’t Lot 6 that resulted in no access to Mitchell Lake. The Ruikkies appealed the determination of the boundary between Gov’t Lots 1 and 6. Because we conclude that the district court failed to apply the proper legal principles in locating this boundary, we reverse and remand.

[811]*811FACTS

The Ruikkies purchased Gov’t Lot 6 in April 1992. Gov’t Lot 6 is located on or near the southeast corner of Mitchell Lake. The lot lies to the south of Gov’t Lot 1 and to the east of Gov’t Lot 5.3 All three lots are registered, or Torrens, property, and were held by a common owner in the 1920s.

The genesis of this conflict is the 1885 United States government survey of the area. The original government survey depicts a bay in the southeast portion of Mitchell Lake that covers a substantial area in what is Gov’t Lots 1, 5, and 6. Testimony in this case revealed that this bay did not exist in 1885 and does not exist today. The bay did not gradually disappear over time as a result of ecological succession; the bay has simply never been there. The original government survey is therefore erroneous.

For the sake of clarity, we include a court-generated illustration that depicts the actual shoreline of Mitchell Lake, the 1885 survey meander line of the lake, and the three government lots at issue in this case. The dotted and dashed lines in the illustration depict the disputed portions of the boundaries of Gov’t Lot 6 as proposed by the parties’ respective surveyors, which we will discuss in greater detail below.

When the Ruikkies first became interested in purchasing Gov’t Lot 6, they received conflicting information about whether the lot included access to Mitchell Lake. The real estate agent told them that the property did not have lake frontage. The seller, William Homer, told them that it did and showed them a drawing depicting the northwest corner of Gov’t Lot 6 touching Mitchell Lake. At that time, the Ruikkies did not inquire further regarding Gov’t Lot 6’s boundaries or lake frontage.

In May 1993, the Ruikkies were exploring the woods when they discovered an abandoned cabin that appeared to be on their property. Robert Ruikkie asked the owner of Gov’t Lot 1, who operated a resort, about the cabin. The owner told Ruikkie that the cabin was on Gov’t Lot 1, not Gov’t Lot 6, and that the northwest corner of Gov’t Lot 6 is located 85 feet back from Mitchell Lake. The owner showed Ruikkie a survey confirming his representation. Ruikkie later met with that surveyor, who stated that Gov’t Lot 6 lacked ⅛⅛6 frontage.

The Ruikkies then engaged in a series of real estate transactions to obtain access to Mitchell Lake. They purchased portions of platted lots in what was purported to be the northeast portion of Gov’t Lot 5. The lots were part of a subdivision known as Homer’s Lots and gave the Ruikkies 90 feet of lake frontage. However, this lake frontage was mostly on a ledge that dropped precipitously to the lake, making water access difficult. The Ruikkies cleared a path to the east of their newly purchased 90 feet in order to reach the lake more easily. The owner of Gov’t Lot 1 at the time informed the Ruikkies that this path was actually on the southwest corner of Gov’t Lot 1. Robert Ruikkie offered to buy this portion of Gov’t Lot 1, but the owner declined.

In 2003, the Nalls purchased Gov’t Lot 1 and decided to convert the property into a Common Interest Community (CIC) pursuant to Minn.Stat. ch. 515B (2010). The Nalls hired surveyor Bruce Chernak to [812]*812survey Gov’t Lot 1 in preparation for filing a CIC application and plat.

George Nall met with the Ruikkies in the summer of 2003, and they discussed a possible land swap. The Ruikkies were interested in a triangular piece of land at the southwest corner of Gov’t Lot 1 where they had cleared their path to the lake. At the same time, the Nalls needed more land for their planned CIC and wished to acquire 3.7 acres in the northeast portion of Gov’t Lot 6, lying north of an established road. Eventually, the Ruikkies and the Nalls agreed to exchange quitclaim deeds. The Nalls asked surveyor Chernak to prepare metes-and-bounds legal descriptions for and a diagram of the land being exchanged. The parties shared the cost of legal and surveying services for this swap. Chernak’s diagram showed the location of the boundary between Gov’t Lots 1 and 6 as well as the land being exchanged. This diagram was attached to the Ruikkies’ quitclaim deed to the Nalls and was registered. New certificates of title were issued reflecting the transaction.

Surveyor Chernak submitted the plat for the Nalls’ CIC to St. Louis County officials in December 2004. The plat reflected the land swap. In May 2005, the St. Louis County surveyor, Thomas O’Mal-ley, informed Chernak that there was a “major concern” about the location of the boundary line between Gov’t Lot 1 and Gov’t Lot 6. O’Malley had consulted the 1885 government survey and became concerned that Chernak’s depiction of the boundary, as running straight west toward Mitchell Lake, was not consistent with the original government survey because it “completely cut[s] off Lot 6 from any shoreline,” resulting “in the complete elimination of any riparian rights for Lot 6.” O’Malley told George Nall that, to obtain approval of the CIC plat, the Ruikkies had to relinquish their right to any lake frontage they may have as owners of Gov’t Lot 6. A waiver was prepared, but the Ruikk-ies declined to sign.

In the summer of 2005, the Ruikkies sought advice from surveyor Norm Liv-gard, a former St. Louis County surveyor, about Gov’t Lot 6’s boundaries. Surveyor Livgard showed the Ruikkies a copy of the original government survey, pointed out that it clearly shows Gov’t Lot 6 abutting the lake, and explained that surveying principles required the preservation of Gov’t Lot 6’s access to the “shrinking lake.” Livgard created a diagram of Gov’t Lot 6, using an aerial photo of the property, and superimposed angled lot lines that would, in his opinion, comply with the government survey. These angled lines start at the points at which the boundaries of Gov’t Lot 6, as set by the United States government survey, reached the meander line for the bay on Mitchell Lake and then run northwesterly toward the lake’s center line. This results in Gov’t Lot 6 having lake frontage.

Also during the summer of 2005, George Nall organized a meeting with his attorney, his surveyor (Chernak), the county examiner of titles, the county surveyor (O’Malley), and the deputy county registrar of titles. The purpose of the meeting was to expedite the approval of Nall’s proposed CIC.

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798 N.W.2d 806, 2011 Minn. App. LEXIS 51, 2011 WL 1743859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruikkie-v-nall-minnctapp-2011.