Sears v. Catholic Archdiocese of Washington

5 A.3d 653, 2010 D.C. App. LEXIS 555, 2010 WL 3908009
CourtDistrict of Columbia Court of Appeals
DecidedOctober 7, 2010
Docket06-CV-1469, 07-CV-23
StatusPublished
Cited by12 cases

This text of 5 A.3d 653 (Sears v. Catholic Archdiocese of Washington) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sears v. Catholic Archdiocese of Washington, 5 A.3d 653, 2010 D.C. App. LEXIS 555, 2010 WL 3908009 (D.C. 2010).

Opinion

RUIZ, Associate Judge:

Appellants appeal from summary judgment dismissing their complaint for a declaration of their ownership in a piece of land — known as “Old Lot 826” — by adverse possession. Appellants (William Sears, Stephen Howard and Alison Kretz-schmar) own three properties that back onto Old Lot 826, which is titled to appel-lees, the Catholic Archdiocese of Washington and Saint Peter’s Parochial School (jointly referred to as “Archdiocese”). Appellants claim that the trial court erred in dismissing their complaint for quiet title in Old Lot 826. First, appellants argue that they acquired ownership to Old Lot 826 based on their predecessors’ adverse possession, which they say transferred to them by deed when they bought their respective properties. Appellants also assert, in the alternative, that they now own the land as a result of their own adverse possession, after “tacking,” or adding, their predecessors’ time of adverse possession to their own. We disagree with appellants on both points for the reasons that follow, and affirm the judgment of the trial court. 1

*655 I. Statement of Facts 2

A. Disputed Old Lot 826

Appellants’ properties—lots 816, 817, and 818, in square 798 of the District of Columbia — are adjacent to each other. On the lots are three adjoining rowhouses, with street addresses at 321, 323 and 323 D Street, S.E. The back of each of these lots abuts a piece of vacant land that was formerly designated as lot 826 (“Old Lot 826”). On the other side of Old Lot 826 was what was formerly known as lot 837 (“Old Lot 837”). Thus, Old Lot 826 was located between appellants’ lots (816, 817, and 818) on one side, and Old Lot 837 on the other.

Saint Peter’s Parochial School has been on Old Lot 837, which is owned by the Archdiocese and is located at 422 3rd Street, S.E., for many years. In 1950, the Archdiocese acquired Old Lot 826, located right behind the school. On December 23, 1976, the Office of the Surveyor of the District of Columbia combined and subdivided Old Lot 826 with Old Lot 837 into what is now known as lot 25 (where the school is located) and twelve smaller lots (nos. 807-818) in square 793. This appeal concerns appellants’ claims that as a result of their ownership of lots 816, 817 and 818, they are also entitled to ownership by adverse possession of Old Lot 826, which is currently part of lot 25, owned by the Archdiocese. 3

B. The Current Owners of Lots 816, 817 and 818

1) Lots 816 and 818

Appellant Sears bought lot 816 from Thomas and Chris Downey (“the Dow-neys”) on March 28, 1996, 4 and lot 818 from Thomas Mahr and Karen Nelson on June 26, 2001. 5 Each deed described the property being conveyed with a metes and bounds description and specified the lot number (ie., lots 816 and 818) of the deeded property. Neither deed purported to convey, or included a description of, Old Lot 826. To the contrary, in the case of the deed to lot 818, a handwritten note from the seller advised that: “Lot 818 is being sold. Land beyond survey line is part of Lot 25 and is not of record to the seller of [lot 818].” As to lot 816, Ms. Downey warned Sears when he bought it in 1996, that

we always enjoyed the use of this property, that we held it but we didn’t have a deed to it, and that he could legally pursue this if he wanted to.... I said that all of the land did not convey. Whatever was on the deed was on the deed, but they had the full use of the yard and that we had always had it too.

(Emphasis added.) 6 Sears testified that he did not receive a quit-claim deed for *656 Old Lot 826 when he bought either of lots 816 or 818. He also admitted that he had never paid property taxes on Old Lot 826.

2) Lot 817

Appellants Howard and Kretzschmar bought lot 817 from Todd Greentree and Julia Thompson on July 5, 1996. 7 The deed to that lot similarly described the deeded property in metes and bounds and specified that the property “is known for assessment and taxation purposes as Lot 817 in Square 793.” The deed contains no description that would include, or made any reference to, Old Lot 826. Howard testified that he did not pay property taxes on Old Lot 826 because “we did not hold title to it.”

C. Use of Old Lot 826

The parties presented conflicting evidence about the extent and nature of the neighbors’ use of Old Lot 826 and the Archdiocese’s control of the property. Father O’Sullivan, pastor of Saint Peter’s Parochial School, testified that when he started serving at the school in 1970, he noticed a chain link fence separating the two lots owned by the Archdiocese (Old Lots 826 and 837). There was an unlocked gate on the fence, which opened to the school side. In the 1990s, the school locked the gate in order to keep the students out of Old Lot 826; the key was kept in the school’s office. Father O’Sullivan testified that he had seen other people walk in Old Lot 826 from time to time, and that the school was exercising a “good neighbor policy” by not excluding others from using the property. He also testified that he called the Archdiocese in 1993 when the Downeys tried to “exercise control over that land.”

Mary Rockwell, the vice-principal at Saint Peter’s Parochial School, testified that the school had installed a lock on the chain link fence at one time, and changed it at a later time. She said that in the 1990s, someone changed the lock and the school did not have a key. The school then removed the lock and installed a new lock. Ms. Rockwell also testified that the school maintained Old Lot 826, cutting down a rose bush there in the 1990s, and regularly cleaning up debris and vines.

William Hagins and his wife were the prior owners of lots 816 and 817. Mr. Hagins testified that in 1970 he replaced a “rusty chain link fence with a broken gate” in the back of his property with a six-foot chain link fence. 8 Mr. Hagins testified that he was not aware that his property fine did not extend as far as the fence, and that no one from the church or the school interfered with his use of the property. When he leased the house on lot 816 to Chris and Thomas Downey in 1974, 9 Mr. Hagins said that use of the property extending to the fence was “included in the rent.”

Chris Downey testified that she maintained the back of the property — including part of Old Lot 826 — like it was her own: she cleared the area and planted a garden, held parties and fundraisers there, and kept a key to the gate on the chain link fence. When a student from the school crawled under the fence to retrieve a ball, Ms. Downey said she would ask the teach *657

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Cite This Page — Counsel Stack

Bluebook (online)
5 A.3d 653, 2010 D.C. App. LEXIS 555, 2010 WL 3908009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-v-catholic-archdiocese-of-washington-dc-2010.