Wilson v. Gladish

103 P.3d 474, 140 Idaho 861, 2004 Ida. App. LEXIS 67
CourtIdaho Court of Appeals
DecidedJuly 14, 2004
Docket28937
StatusPublished
Cited by2 cases

This text of 103 P.3d 474 (Wilson v. Gladish) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Gladish, 103 P.3d 474, 140 Idaho 861, 2004 Ida. App. LEXIS 67 (Idaho Ct. App. 2004).

Opinion

GUTIERREZ, Judge.

Dennis W. Wilson (Wilson) filed an action to quiet title to certain real property as against Gerald A. Gladish, Jr., Jeffrey Gladish and Debbie Gladish, husband and wife, Scott J. Gladish and Cheryl A. Gladish (collectively, Gladish). After a bench trial, the district court found in favor of and quieted title in Wilson. For the reasons set forth below, we affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In January, 1985, Gerald Gladish, Sr., and Betty V. Gladish, husband and wife, conveyed by quitclaim deed to Gladish certain real property (the Gladish property) located in Shoshone County, Idaho. The Shoshone County Assessor’s Office designated the Gladish property as #4975 for taxing purposes. In September, 1991, Norman Dow and Angelina Dow conveyed by warranty deed to Dennis Wilson certain real property (the Wilson property), also in Shoshone County, Idaho. The Shoshone County Assessor’s Office designated this parcel as # 5000 for assessment purposes. The Gladish property and the Wilson property as deeded share a boundary on one side.

Wilson never occupied the property which was deeded to him. At the time Wilson purchased this property, his grantor and a neighbor pointed out to Wilson certain landmarks which they said marked the property boundaries. Based on this viewing, Wilson undertook to occupy an “island” (the disputed property) within the greater Gladish property. This disputed property was of about the same dimensions as the parcel actually described in Wilson’s deed but unbeknownst to Wilson, it lay about 38 feet north of the deeded land. Prior to occupying this land, Wilson was required to bring the disputed property above the flood plain, and he brought 120 cubic yards of fill onto the land to accomplish this. Wilson tore down buildings which were on the disputed property, moved a mobile home onto the property, and extended a water line to serve the home. In 2001, a dispute arose concerning these properties. Wilson had sold his property on a land contract, but Gladish asserted that the disputed property was actually part of the Gladish property. According to Wilson’s testimony, his buyer abandoned interest in the land sale contract because of this conflict. Gladish hired a surveyor to survey the property boundaries based on the legal descriptions in the deeds. Wilson hired a surveyor to create a metes and bounds description based on the monuments he had been shown when he purchased the property. The description established by Wilson’s survey conflicted with the description contained in his deed. As a result, Wilson filed an action to quiet title to the disputed property, as described by the Wilson survey under a claim of adverse possession.

At trial, the Shoshone County Assessor (Assessor) testified that an assessment of the disputed property was completed by an employee who personally viewed the property upon which Wilson was residing. The Assessor’s records included a map of the disputed property as visually assessed by the employee. This map shows the location of Wilson’s mobile home and two sheds. The Assessor testified that the land upon which Wilson was actually residing was the basis for the assessment against parcel # 5000, rather than the land which is designated as parcel # 5000 in *864 the Assessor’s records. 1 The parties stipulated that Gladish paid all taxes assessed against parcel # 4975, and that Wilson paid all taxes assessed against parcel #5000. The parties also stipulated that the property occupied by Wilson is the property that is described by metes and bounds in the complaint.

The district court found that Wilson had occupied the disputed property since 1991, moved the mobile home onto the property, tore down some buildings on the property, and hauled soil onto the property to raise the land above the flood plain. The district court also found that the visual inspection of the disputed property was the basis for the tax assessment which Wilson paid. On these facts, the district court determined that Wilson had occupied the disputed property adversely to Gladish since 1991, had made substantial improvements to the property, "and fulfilled the tax payment requirement of I.C. § 5-210. Specifically, pursuant to the lot number exception to the property tax requirement, the district court ruled that where payment of taxes is done by parcel number rather than by metes and bounds description, such payment is payment of taxes on all property possessed by the adverse claimant. The district court quieted title to the disputed property, as described in the complaint, in Wilson. Gladish appeals.

II.

ANALYSIS

Gladish argues on appeal that the trial court erred in finding that substantial improvements were made to the disputed property, that Wilson paid taxes on the disputed property, and that the Assessor properly assessed the disputed property based upon Wilson’s use and occupancy. Additionally, Gladish argues that the district court erred by awarding a parcel of property to Wilson with no evidence in the record establishing the quantum of property that was possessed.

Idaho allows actions for adverse possession under either an oral or written claim of title. I.C. §§ 5-207, -209. The deeds in Wilson’s chain of title do not purport to grant any part of the disputed property. Therefore, Wilson must satisfy the requirements of I.C. §§ 5-209 and -210, which address adverse possession under oral claim of title. See Persyn v. Favreau, 119 Idaho 154, 804 P.2d 327 (Ct.App.1990). Idaho Code § 5-209 states:

5-209. Possession under oral claim of title. — Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely.

Idaho Code § 5-210 states:

5-210. Oral claim — Possession defined — Payment of taxes. — For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only:
1. Where it has been protected by a substantial enclosure.
2. Where it has been usually cultivated or improved.
Provided however, that in no case shall adverse possession be considered established under the provisions of any sections of this code unless it shall be shown that the land has been occupied and claimed for a period of five (5) years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county or municipal, which have been levied and assessed upon such land according to law.

The burden of proving all of the essential elements of adverse possession is upon the party seeking title, and every element must be proven with clear and satisfactory evidence. See Lindgren v. Martin,

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Related

Kennedy v. Schneider
259 P.3d 586 (Idaho Supreme Court, 2011)

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Bluebook (online)
103 P.3d 474, 140 Idaho 861, 2004 Ida. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-gladish-idahoctapp-2004.