Soderholm v. Nauman

409 S.W.3d 382, 2013 WL 2395991, 2013 Mo. App. LEXIS 681
CourtMissouri Court of Appeals
DecidedJune 4, 2013
DocketNos. WD 74925, WD 74945
StatusPublished
Cited by8 cases

This text of 409 S.W.3d 382 (Soderholm v. Nauman) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soderholm v. Nauman, 409 S.W.3d 382, 2013 WL 2395991, 2013 Mo. App. LEXIS 681 (Mo. Ct. App. 2013).

Opinion

LISA WHITE HARDWICK, Judge.

Duane L. Nauman and Martha A. Nau-man (the “Naumans”) appeal from the judgment of the Holt County Circuit Court quieting title to a disputed parcel of property in favor of Dorothy J. Soderholm and Beverly A. Soderholm (the “Soderholms”), and granting the Soderholms a prescriptive easement across the Naumans’s land for purposes of agricultural ingress and egress. The Naumans contend the circuit court erred in denying their counterclaim that they had acquired title to the disputed parcel by adverse possession. The Nau-mans also assert the court erred in finding that the Soderholms acquired an easement by prescription or, if in the alternative an easement had been acquired, in finding that the easement had not been extinguished by abandonment. Alternatively, the Naumans argue that the court erred in denying their third-party adverse possession claim regarding the land subject to the easement. For reasons explained herein, we reverse and remand the circuit court’s judgment on the Naumans’s adverse possession counterclaim against the Soderholms and affirm the judgment on the remaining claims.

Factual & Procedural Background

This appeal concerns two separate disputes over the property rights between adjacent landowners, the Soderholms and the Naumans. The first dispute relates to the ownership of a strip of land, of approximately .6 acres, located between the So-derholms’s and Naumans’s properties (the [385]*385“Soderholm Tract” and the “Nauman Tract,” respectively). The second dispute relates to the Soderholms’s right of access across the Nauman Tract.

The Soderholm Tract and the Nauman Tract are located in Holt County and situated north of Mound City and just west of Highway N. The Soderholm Tract is a twenty-eight acre tract located, generally, immediately west of the north-south center line of Section 1, Township 62, Range 39. Squaw Creek serves as the Soderholm Tract’s west property line. The northern portion of the Soderholm Tract’s east property line abuts the Nauman Tract. The southern portion of the Soderholm Tract’s east property line abuts a separate parcel owned by the Corbin family (the “Corbin Tract”). The following map, which was introduced into evidence and has been included in the record on appeal, may assist in a clearer understanding of the location of the properties.1

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The Soderholm Tract had been owned by various members of the Nauman family beginning in 1910. In 1952, Glen and Thelma Nauman, parents of Duane Nau-man, deeded the Soderholm Tract to John and Julie Andes, who in turn deeded the tract to Lucy Andes in 1958. Lucy owned the tract from 1958 to 1996 and leased it to Pete Nauman from 1973 to 1996. Finally, in 1996, the tract was conveyed to the Soderholms. The Soderholms leased the tract to John Schoonover from 1996 to [386]*3862006. Schoonover also negotiated the purchase of the Soderholm Tract in 1996 on behalf of the Soderholms. In 2006, the Soderholms began leasing the tract to Ryan Meyerkorth.

The property disputes between the So-derholms and the Naumans first arose in 2007 when the Soderholms ordered a survey of the Soderholm Tract, which revealed that the true boundary between the Soderholm Tract and the Nauman Tract was approximately forty-five feet east of the line claimed by the Naumans. The strip of land between the true east line of the Soderholm tract and the east line contended by the Naumans contains approximately .6 acre of land (the “disputed .6 acre”).

In August 2010, the Soderholms filed suit against the Naumans claiming ownership of the disputed .6 acre and asking the circuit court to determine “the parties’ rights with regard to the boundary line controversy.” Additionally, the Soder-holms sought a determination of their right to access Highway N through an easement across the southern sixteen feet of the Nauman Tract (the “16-foot access way”). The Soderholms also claimed fractional ownership in the 16-foot access way by a 2009 deed from Glen Jr. and Barbara Nauman — Duane’s brother and sister-in-law.2 Finally, the Soderholms sought attorneys’ fees and compensatory damages for conversion of crops on the disputed .6 acre by Duane.

The Naumans counterclaimed, alleging acquisition of both the disputed .6 acre and the 16-foot access way through adverse possession. The Naumans also brought a third party claim against Glen Jr. and Barbara asserting Glen Jr. and Barbara had no interest in the 16-foot access way to convey to the Soderholms due to the Naumans’s alleged adverse possession of the access way.

A bench trial was held on December 7, 2011.

Evidence Adduced at Trial

Relating to the Disputed .6 Acre

Duane testified that, sometime between 1954 and 1956, John Andes made a ditch towards the north end of the Soderholm Tract, running north to south between the Soderholm Tract and the Nauman Tract to prevent dirt from washing down onto the Soderholm Tract. Duane further testified that, while there was no fence line between the tracts, he and John treated the ditch as the border between their properties, which was forty-five feet west of the true border revealed by the 2007 survey. Duane also stated that over time trees grew up on the Soderholm side of the ditch and that approximately ten years ago he had the trees bulldozed because they began encroaching over the common boundary onto the Nauman Tract. Duane indicated that he farmed the disputed .6 acre since at least 1981 and that from 1981 to 2007 no one else claimed to own the disputed .6 acre.

Pete Nauman, testifying as a witness for the Soderholms, stated that during • the time he leased the Soderholm Tract, a “hedgegrow — or tree line” marked the boundary between the Soderholm Tract and the Nauman Tract. When asked if he ever had any difficulty with Duane regarding where the property line was located, Pete responded, “No way.”

Schoonover testified that when the So-derholms first purchased their tract in 1996, there was an “old fence line” that separated the Soderholm Tract from the [387]*387Nauman Tract. Schoonover stated that this fence line was overgrown with trees. Schoonover testified: “[T]hat fence was the boundary.... That was the boundary line. That is what I assumed was the boundary line when I negotiated for the deal.” Schoonover stated that during the years he farmed the Soderholm Tract, he farmed “right up to the fence.” Schoon-over further testified that he never had any dispute with Duane about where the property line was located. In fact, Schoonover indicated that he never even had a discussion with Duane about the property line, explaining: “Because there was really no question.... There would be no reason to have a discussion about the boundary. That was the boundary.”

Meyerkorth testified that when he first inspected the Soderholm Tract in 2006, the ground was “pretty flat” between the So-derholm and Nauman Tracts and that there was no fence or tree line separating the properties. Meyerkorth testified that there was a visible field edge between the Soderholm and Nauman Tracts, which he agreed was about forty-five feet west of the true boundary revealed by the 2007 survey. Meyerkorth stated that, prior to the 2007 survey, he and Duane observed the field edge as the boundary between the two tracts.

Adam Teale was the surveyor who conducted the 2007 survey of the Soderholm Tract.

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Cite This Page — Counsel Stack

Bluebook (online)
409 S.W.3d 382, 2013 WL 2395991, 2013 Mo. App. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soderholm-v-nauman-moctapp-2013.