360866
Mich. Ct. App.May 4, 2023Background
- Aguirre and neighbors McPherson dispute a boundary where a chain-link fence separates backyards; the fence existed when Aguirre bought her home in 1999.
- A wooden gate and post installed by prior owners in 1993 was attached to the chain-link fence; McPherson replaced the driveway gate post in 2015 and placed the new post aligned with the chain-link fence.
- Aguirre began experiencing basement water intrusion in 2018 and obtained a 2019 survey showing the fence and post encroached on her recorded property line.
- Aguirre sued in July 2020 for trespass, nuisance, and to quiet title; McPhersons counterclaimed to quiet title by adverse possession/acquiescence.
- The trial court granted summary disposition: trespass dismissed as time-barred (3-year statute), nuisance dismissed for lack of evidence tying the 2015 post to 2018 water damage, and quiet-title awarded to McPhersons based on 15-year acquiescence to the fence/post.
- The Court of Appeals affirmed the dismissals and the quiet-title ruling but remanded for the trial court to clarify the precise scope of its quiet-title judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aguirre's trespass claim was barred by the 3‑year statute of limitations | Aguirre argued her claims were timely (but later conceded dismissal below) | Trespass accrued when McPhersons installed the post in 2015, so claim filed in 2020 is untimely | Accrued in 2015; trespass claim barred by MCL 600.5805(2) (dismissed) |
| Whether summary disposition on nuisance was premature and whether there was a genuine issue on causation | Aguirre said discovery was incomplete and experts would show the 2015 post/drainage caused 2018 water intrusion | No competent evidence links the 2015 post to the 2018 water; discovery had closed and plaintiff offered no admissible proof | C(10) proper; Aguirre failed to show a genuine issue of material fact on causation; dismissal affirmed |
| Whether defendants established title by acquiescence (15 years) over fence/post | Aguirre relied on the recorded survey showing legal title to disputed strip | Defendants showed fence and attached post had been treated and maintained as the boundary (and predecessors’ possession tacked) for >15 years | Defendants proved acquiescence as to the chain-link fence and attached post; quiet title in defendants’ favor affirmed (scope to be clarified on remand) |
| Whether Aguirre preserved appellate review of trial-court dismissal of trespass and nuisance | Aguirre contended the dismissals were erroneous on appeal | Defendants noted Aguirre expressly conceded the trial court’s dismissal in her reconsideration filing, waiving the objections | Aguirre waived appellate review of the trespass and nuisance dismissals by conceding the trial court’s ruling |
Key Cases Cited
- Houston v. Mint Group, LLC, 335 Mich. App. 545 (2021) (explaining acquiescence as a means to quiet title when parties treat a boundary as the property line for the statutory period)
- Kipka v. Fountain, 198 Mich. App. 435 (1993) (tacking predecessors’ acquiescence and refusing to disturb long-acquiesced boundary lines)
- Bauserman v. Unemployment Ins. Agency, 503 Mich. 169 (2019) (explaining accrual: the ‘wrong’ occurs when the defendant’s breach harms the plaintiff)
- Wolfenbarger v. Wright, 336 Mich. App. 1 (defining trespass and private nuisance elements)
- Hall v. Consolidated Rail Corp., 462 Mich. 179 (2000) (party opposing summary disposition must identify disputed issues with independent evidence; mere promise of proof is insufficient)
- Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club, 283 Mich. App. 264 (2009) (summary disposition premature only if further discovery has a fair chance to uncover necessary factual support)
- Kincaid v. Cardwell, 300 Mich. App. 513 (2013) ((C)(7) summary disposition when claim is barred by statute of limitations)
- Walters v. Nadell, 481 Mich. 377 (2008) (waiver defined as intentional relinquishment of a known right)