John Markley Graham and Nancy Graham v. Jerry D. Myers and Kim M. Myers
15-1963
| Iowa Ct. App. | Dec 21, 2016Background
- Jerry and Kim Myers lived adjacent to a grassy strip since 1980 and repeatedly maintained it (mowing, landscaping, planting, building) though they knew title belonged to neighboring owners.
- John and Nancy Graham bought the adjoining property in 1996, had a 1999 survey confirming the Grahams owned the grassy strip, and marked the line with flags and posts consistent with old fence remnants.
- The Grahams enrolled their land in a conservation program restricting mowing during nesting season and repeatedly asked the Myers to stop maintaining the strip.
- In 2013 the parties exchanged letters; the Grahams sought declaratory and injunctive relief and removal of items from the strip; the Myers counterclaimed to quiet title by adverse possession and boundary by acquiescence.
- The district court quieted title to the strip in the Myers based on adverse possession and acquiescence; the Grahams appealed.
Issues
| Issue | Plaintiff's Argument (Grahams) | Defendant's Argument (Myers) | Held |
|---|---|---|---|
| Adverse possession — claim of right/good faith | Myers knew the strip was theirs and thus lacked good-faith claim of right; adverse possession fails | Myers continuously used and improved the strip for over ten years, asserting ownership by use | Reversed: Myers lacked the required good-faith claim of right; adverse possession fails |
| Boundary by acquiescence — mutual recognition for 10+ years | No mutual recognition; Grahams never agreed to a different boundary; survey and fence remnants show legal line | Grahams allowed Myers to use and maintain the strip, implying acquiescence to a different boundary | Reversed: Insufficient evidence of mutual recognition; acquiescence not established |
Key Cases Cited
- C. H. Moore Tr. Estate v. City of Storm Lake, 423 N.W.2d 13 (Iowa 1988) (elements required for adverse possession)
- Carpenter v. Ruperto, 315 N.W.2d 782 (Iowa 1982) (adverse possession requires good-faith claim of right; possession knowing another owns the land is insufficient)
- Goulding v. Shonquist, 141 N.W. 24 (Iowa 1913) (possession not in good faith when entrant knows he has no title)
- Sille v. Shaffer, 297 N.W.2d 379 (Iowa 1980) (acquiescence requires mutual recognition of a marked dividing line for ten years)
Decision: Reversed and remanded; district court's quiet-title judgment for the Myers reversed and title to the legally described strip quieted in the Grahams.