Gloria Hutchins, plaintiff-appellee/cross-appellant v. Larry Hutchins, Substituted for Wilbur Hutchins, defendant-appellant/cross-appellee.
3-1198 / 12-1966
Iowa Ct. App.Mar 26, 2014Background
- In 1977, Joy and Wilbur Hutchins purchased 10.339 acres in Elkhart, Iowa.
- In 1987, they invited their son Michael, his wife Gloria, and their daughter to move onto the property and build a home.
- Gloria and Michael established residence on approximately three acres, constructing a home, garden, orchard, and other improvements; they shared a driveway and well with Joy and Wilbur.
- From 1987 onward, Gloria and Michael treated the three acres as their own and paid real estate taxes starting in 1999; electricity to the home was independent.
- After Michael’s death in 2005, Gloria continued to reside on and maintain the three acres; in 2011 she was served with a notice to quit and filed a petition to quiet title by adverse possession, seeking easements for the driveway and well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gloria proved adverse possession by claim of right. | Gloria maintained exclusive use and control demonstrating ownership. | Gloria’s possession began with permission, negating hostility. | Yes; Gloria established hostile, actual, open, exclusive, continuous possession for ten years. |
| Whether Gloria’s possession was hostile despite initial permission to occupy. | Conduct showed intent to hold title exclusive to all others. | Initial permission defeats hostility for adverse possession. | Hostility can be shown by acts indicating ownership; permission does not defeat hostility here. |
| Whether a prescriptive easement for the driveway and well was established. | Use under claim of right for ten years satisfied easement by prescription. | Shared use not exclusive defeats prescription. | Use need not be exclusive; open, continuous use supports prescriptive easement. |
| Whether the district court erred in its factual/credibility determinations and in misapplying law. | Court properly credited Gloria’s testimony and findings were supported by evidence. | Court made substantial factual errors and misquoted precedents. | De novo review affirmed; credibility and factual findings supported Gloria’s claim. |
Key Cases Cited
- C. H. Moore Trust Estate v. City of Storm Lake, 423 N.W.2d 13 (Iowa 1988) (ten-year adverse possession elements require clear and positive proof)
- Louisa County Conservation Bd. v. Malone, 778 N.W.2d 204 (Iowa Ct. App. 2009) (ownership-indicating conduct supports adverse possession)
- Johnson v. Kaster, 637 N.W.2d 174 (Iowa 2001) (use by prescription need not be exclusive; possession shows owner-like use)
- Burgess v. Leverett & Assocs., 105 N.W.2d 703 (Iowa 1960) (actual possession includes acts of ownership and maintenance)
- Council Bluffs Sav. Bank v. Simmons, 243 N.W.2d 634 (Iowa 1976) (good faith claim of right essential to adverse possession)
- Carpenter v. Ruperto, 315 N.W.2d 782 (Iowa 1982) (good faith claim of right is relevant to adverse possession)