Yoho v. Stack

540 A.2d 307, 373 Pa. Super. 77, 1988 Pa. Super. LEXIS 1143
CourtSupreme Court of Pennsylvania
DecidedApril 7, 1988
Docket867
StatusPublished
Cited by10 cases

This text of 540 A.2d 307 (Yoho v. Stack) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yoho v. Stack, 540 A.2d 307, 373 Pa. Super. 77, 1988 Pa. Super. LEXIS 1143 (Pa. 1988).

Opinions

DEL SOLE, Judge:

This is an appeal from the Order entering final judgment in which it was determined that Appellees had established title to certain property, the ownership of which was disputed by the parties. Likewise, the Order stated that Appellant and his wife had failed to demonstrate ownership of the property by adverse possession.

The record shows that Appellees filed an action for declaratory judgment against Appellant and his wife alleging that they were the owners of a strip of land separating the [80]*80parties’ properties.1 The parties own adjoining rectangularly shaped farms. Appellees’ is to the north of Appellant’s. The two farms are divided by a boundary running from east to west. The location of this boundary line was the subject of the landowners’ dispute.

Following a nonjury trial, the Chancellor filed a decree nisi. Therein, the Chancellor adopted Appellees’ survey of the boundary line between the properties. In addition, it was decided that Appellant and his wife had not presented the necessary evidence to establish adverse possession of the strip of land in question. Post-trial motions were filed and later denied. This timely appeal follows.

Appellant raises three issues in this appeal:

1. Did the Trial Court err in accepting the survey of Plaintiffs [Appellees] Yoho over the survey of Defendants [Appellant] Stack;
2. Did the Trial Court err in accepting expert testimony from an unlicensed surveyor; and,
3. Did the Trial Court err in finding that Defendants [Appellant] Stack did not present sufficient evidence to establish title to the disputed property by adverse possession?

We affirm.

Appellant first contends that the Chancellor erred in adopting Appellees’ survey which set the boundary between the two properties approximately 12 feet south of a tree-fence line which Appellant’s survey identified as the boundary. We begin our analysis of this issue by noting that our appellate scope of review in equity matters in narrowly limited. A chancellor’s findings of fact are binding on appeal if supported by substantial evidence. Nevertheless, we may appropriately review a chancellor’s determinations for errors of law or abuse of discretion. Alderfer v. Pendergraft, 302 Pa.Super. 210, 448 A.2d 601, 603 (1982).

During trial, Mr. Jon App, a licensed surveyor responsible for Appellees’ survey of the properties testified. Mr. App [81]*81stated that he based his survey on a subdivision plan, referred to as the “Kingsbury map”. Both parties’ properties were originally a part of the Kingsbury plan. Mr. App noted that, by virtue of the fact that Appellees’ land was the first parcel of land to be sold from the subdivision, the description of this property had “senior” status over those sections of the land subsequently sold.2 Mr. App likewise utilized past surveys of the property which helped in designating what he felt were the proper four corners of his clients’ property.

On cross-examination, Mr. App was questioned why he did not take the tree-fence line into consideration while conducting the survey. Mr. App explained that, while the line was informative, he “ran 350 some acres to find out why it wasn’t important (N.T., 39).” The witness elaborated by stating that none of the deeds he had examined designated the tree-fence line as Appellees’ southern boundary. Furthermore, the tree-fence line was inconsistent with the conclusions he had reached after reconstructing the “Kingsbury map” plot lines. Mr. App commented that, under normal circumstances, he uses an established tree line or established fence line in drawing a boundary line. However, in cases such as the instant, monuments would be ignored if overwhelming physical evidence discrediting them existed (N.T., 40).

Mr. Manley Ackerman testified concerning a survey that he performed for Appellant and his wife. Contrary to Mr. App’s survey, Mr. Ackerman established the boundary line between the two properties as the tree-fence line. When asked why he preferred to use the tree-fence line over deed descriptions, the witness replied that Pennsylvania law provides that “the lines you find in the field, old fence and tree line[s] shall be accepted number one and that they take priority over everything else (N.T., 63).”

[82]*82Upon review of the testimony of the surveyors, we find that the Chancellor’s decision to adopt Appellees’ proffered boundary line was supported by credible evidence. Thus, we find no abuse of discretion. Appellees’ surveyor, Mr. App, testified that his description of the boundary lines was based on his reconstruction of the original subdivision plan from which the parties’ properties were sold. Likewise, Mr. App relied upon other deed descriptions to support his conclusions. By comparison, however, Mr. Ackerman’s opinion that the tree-fence line was the correct boundary was based solely on the fact that it existed.

It is true, as Mr. Ackerman indicated, that where there exists a conflict between courses and distances or quantity of land, on the one hand, and natural or artificial monuments, on the other hand, the monuments will ordinarily prevail. However, Pennsylvania law likewise provides that “[wjhere the monuments are doubtful, resort will be had to the courses, distances, and quantity.” Howarth v. Miller, 382 Pa. 419, 115 A.2d 222, 224 (1955), quoting Post v. Wilkes-Barre Connecting R. Co., 286 Pa. 273, 133 A. 377, 378 (1926). In the case before us, the significance of the tree-fence line is at best questionable when we consider the fact that none of the deeds which Mr. Ackerman considered while performing his survey identifies this monument as a boundary line. Before a physical monument is accepted as a boundary line, there must be evidence other than its mere existence that the monument was intended for that purpose. We are aware of Appellant’s contentions that testimony was given by certain witnesses indicating that the tree-fence line was established by the parties’ predecessors in title as a boundary between the two properties. However, we are of the opinion that such testimony was relevant to the adverse possession question, not the issue of which survey should be accepted by the Chancellor. Accordingly, we find that the Chancellor acted properly in adopting Appellees’ survey.

Second, Appellant claims that the Chancellor erred in permitting the testimony of Mr. Howard Witchen, an unli[83]*83censed surveyor. Appellant argues that Mr. Witchen did not possess the necessary qualifications which would enable him to offer an opinion as to the location of the disputed boundary line. The record demonstrates that Mr. Witchen was called to testify to the effect that he had been hired by the parties at one time to determine the boundary between the properties. Mr. Witchen also testified that his survey of the property lines was consistent with Mr. App’s insofar as he, too, rejected the tree-fence line as a viable boundary.

A chancellor’s determination of an expert witness’ qualifications will not be disturbed absent an abuse of discretion. The Pennsylvania standard of qualification for an expert witness is liberal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Elsea v. Day
448 S.W.3d 259 (Court of Appeals of Kentucky, 2014)
Pennsylvania Electric Co. v. Waltman
670 A.2d 1165 (Superior Court of Pennsylvania, 1995)
United States v. 0.08246 Acres of Land
888 F. Supp. 693 (E.D. Pennsylvania, 1995)
Smith v. Penbridge Associates, Inc.
655 A.2d 1015 (Superior Court of Pennsylvania, 1995)
Gloviak v. Tucci Construction Co.
608 A.2d 557 (Superior Court of Pennsylvania, 1992)
Butler v. KIWI, SA
604 A.2d 270 (Superior Court of Pennsylvania, 1992)
City of Lancaster v. Germer
5 Pa. D. & C.4th 126 (Lancaster County Court of Common Pleas, 1989)
McCloskey v. Nu-Car Carriers, Inc.
564 A.2d 485 (Supreme Court of Pennsylvania, 1989)
Hill v. Reynolds
557 A.2d 759 (Supreme Court of Pennsylvania, 1989)
Yoho v. Stack
540 A.2d 307 (Supreme Court of Pennsylvania, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
540 A.2d 307, 373 Pa. Super. 77, 1988 Pa. Super. LEXIS 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoho-v-stack-pa-1988.