35 N.E.3d 275
Ind. Ct. App.2015Background
- Cotners and predecessors held Parcels 8 and 9 in Cottingham Subdivision, with an eastern boundary dispute involving a 35-foot strip, and believed a farm fence marked the boundary.
- Cotners built structures encroaching toward Bonnell’s parcel; Bonnell later bought the disputed 0.75-acre strip via a 2012 quitclaim based on a county tax sale.
- County tax sales occurred in 1993 and 2011, with Certificates of Sale issued to different parties and a tax deed issued to Bonnell’s entity in 2012.
- Cotners claimed adverse possession of the disputed area, arguing exclusive use and open possession since 1968, and that they paid all taxes on their parcels but not on the strip.
- Bonnell challenged the adverse possession claim and sought a prescriptive easement; the trial court denied the adverse-possession claim and granted a limited prescriptive easement to Bonnell’s strip.
- On appeal, the Cotners cross-appeal on adverse possession; the appellate court resolves that issue in their favor and remands for judgment in their favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether adverse possession can vest title in Cotners despite county tax sales. | Cotners paid taxes on their parcels in good faith and relied on tax duplicates, creating a good-faith basis. | Tax sales severed any adverse possession title, divesting Bonnell and others of the strip. | Yes; vested title not divested by tax sales; judgment for Cotners on adverse possession. |
| Whether the trial court properly granted a prescriptive easement for Bonnell’s parcel. | Not clearly pleaded; Cotners did not pursue prescriptive easement as a theory. | Trial court sua sponte awarded prescriptive easement based on encroachment. | Not reached/undone; court disapproved of unpleaded issue and remanded for adverse-possession ruling. |
Key Cases Cited
- Fraley v. Minger, 829 N.E.2d 476 (Ind. 2005) (four elements of adverse possession and ten-year period; tacking allowed)
- Echterling v. Kalvaitis, 126 N.E.2d 573 (Ind. 1955) (adverse-possession tax statute permits substantial compliance for good-faith tax payment)
- Garriott v. Peters, 878 N.E.2d 431 (Ind. Ct. App. 2007) (adverse possession tax statute exception; vesting title survives acts after vesting)
- Berrey v. Jean, 401 N.E.2d 102 (Ind. Ct. App. 1980) (ownership once vested by adverse possession is not defeated by later events)
- Snowball Corp. v. Pope, 580 N.E.2d 733 (Ind. Ct. App. 1991) (describes effect of adverse possession once title vests)
- Columbia Club, Inc. v. American Fletcher Realty Corp., 720 N.E.2d 411 (Ind. Ct. App. 1999) (adverse possession standards and related principles)