In re Tax Parcel Nos. WD-00-063.00-01-01.00-00001
| Decision Date | 02 May 2022 |
| Docket Number | C. A. 2018-0733-PWG |
| Parties | In the Matter of TAX PARCEL NOS. WD-00-063.00-01-01.00-00001 and WD-00-063.00-01-34.00-00001 |
| Court | Court of Chancery of Delaware |
Date Submitted: January 4, 2022.
Nicole M. Faries, Esq., Mackenzie M. Peet, Esq., BAIRD MANDALAS BROCKSTEDT, LLC, Wilmington, Delaware, Attorneys for Petitioner Janet Szelestei, Individually and as Trustee of the Steve Szelestei, Jr. Revocable Trust Dated August 14 2009
Gary R. Dodge, Esq., CURLEY, DODGE, FITZGERALD & FUNK, LLC Dover, Delaware, Attorney for Respondents James Melville and Nancy Melville
Pending before me is an action by a landowner seeking to quiet title to approximately 13.5 acres of land that join her two separate properties. Alternatively, she seeks to establish title to the land by adverse possession. Neighboring landowners claim ownership of 3.6 acres encompassed within the approximately 13.5-acre parcel.
This dispute arises from the actions of certain individuals who were buying and selling land in western Kent County in the first decade of the twentieth century. They left in their wake a trail of deeds that provide little insight into the nature of those century-old transactions, and missing documentation of alleged conveyances, that are largely irreconcilable with the ownership claims for that property today.
On summary judgment, I found that there were material factual disputes concerning ownership of the 3.6-acre parcel at issue, due to the uncertainty created by those more than 100-year-old deeds. Although the parties made their best efforts to provide further clarity at trial, I regret to say that the issue of record ownership remains "clear as mud." However, I find that sufficient evidence was presented at trial to show one landowner adversely possessed the approximately 13.5-acre property, including the 3.6-acre parcel, through maintaining trails around and in the property and leasing it out for hunting for more than 20 years. This is a final master's report.
At the center of this dispute is a 3.6-acre landlocked wooded parcel of land ("Disputed Parcel"), located west of Hartly in Kent County, Delaware. The Disputed Parcel is part of the hub between two neighbors' separate parcels of farmland: Petitioner Janet Szelestei ("Szelestei," and collectively with other members of her family "Szelesteis"), acting individually and as Trustee of the Steve Szelestei, Jr. Revocable Trust ("Trust"), owns properties to the north of the Disputed Parcel, on Ford's Corner Road, and to the south of it, on Butterpat Road. Respondents James and Nancy Melville ("Melvilles") own properties to the east of the Disputed Parcel, also fronting on Ford's Corner Road, and to the west, on Butterpat Road. The importance of the Disputed Parcel to both parties arises from its unique location - it lies between Szelestei's properties to its north and south, and between the Melvilles' properties to the east and west.
On December 27, 1905, Nathaniel J. Williams and his wife ("Williamses") conveyed approximately 149 acres of land in West Dover Hundred ("Williams Tract") to Thomas Victor Clark ("Clark").[2] The Williams Tract was further described as "adjoining on the east side of the public road going from Kenton to the Maryland line, lands of William Clough, [and] the lands of Nathaniel Williams and others."[3] Clark conveyed 10 acres of this land to William Van DerWeild ("Van DerWeild Tract") on January 8, 1907, [4] and the remainder - described as 149 acres more or less in the deed - to Frank Shakespeare ("Shakespeare") on May 12, 1909.[5] Shakespeare conveyed his interest in the Williams Tract, along with other lands, to William S.H. Davis ("Davis") on June 16, 1909.[6]
On September 28, 1910, Davis conveyed by deed ("Portas Deed") to Louis Portas and his wife ("Portases"):
All that certain plantation, tract, piece or parcel of land and premises situated in West Dover Hundred, Kent County and State of Delaware and lying on the Southeast side of the public road leading from Kenton to Maryland line adjoining the lands now or late of William Clough, lands now or late of Nathaniel J. Williams and lands of others and containing One Hundred and Twelve (112) acres of land be the same more or less and being all the land and premises which were conveyed in fee to Thomas V. Clarke by Nathaniel J. Williams and wife, excepting a small lot of land contracted for by Samuel E. Harris on September 23, 1907 containing fifteen acres … of land and also a small lot contracted to be sold to William Gibbs on September 12, 1907 containing eleven (11) acres, and also a small lot of ten (10) acres sold and conveyed by Thomas V. Clark to Warren Vanderweldt which deed is dated the eighth day of January A.D. 1907 …[7]
("Portas Tract"). Importantly, Davis excepted from the Portas Tract 15 acres contracted for by Samuel E. Harris ("Harris Tract") on September 23, 1907, 11 acres contracted to be sold to William Gibbs ("Gibbs") on September 17, 1907, and the Van DerWeild Tract.
On July 15, 1936, the Portases conveyed the Portas Tract to Ludwig T. Schweitzer ("Schweitzer").[8] On April 7, 1966, Schweitzer and his wife conveyed the Portas Tract to Kathryn Louise Schweitzer Gunter.[9] On November 28, 1967, Kathryn Louise Schweitzer Gunter Demby and her husband ("Dembys") conveyed the Portas Tract to National Enterprises, Inc. ("N.E.").[10] On March 8, 1973, N.E. conveyed 13.35 acres of the Portas Tract to James Melville ("Melville") and Ronald Melville.[11] On December 28, 1984, Ronald Melville conveyed his interest in this 13.35 acres to Melville.[12] On July 31, 2012, N.E. conveyed by deed ("2012 N.E. Deed") 92.08 acres of the Portas Tract to the Melvilles, described with specificity through meets and bounds.[13] On January 10, 2013, N.E. conveyed to the Melvilles by quit claim deed ("2013 Quitclaim Deed") property identified as "Tax Parcel Number WD-00-063.00-01-34.00-000 and consisting of 3.60 acres, more or less" and "[b]eing the remainder of" land conveyed by the Dembys to N.E. (or the remainder of the Portas Tract.[14] In addition to these lands, Melville and other family members own a farm along Butterpat Road.[15]
On June 28, 1941, William Vanderveild, a descendant of Warren Van DerWeild, [16] conveyed the Van DerWeild Tract to Steve Szelestei and his wife.[17] On December 8, 2009, Steve Szelestei, Jr. conveyed the Van DerWeild Tract, along with another parcel, to the Trust.[18]
On May 5, 1911, Davis conveyed the Harris Tract to Harris and his wife.[19]N.E. purchased the Harris Tract in a monitions sale in 1968.[20] The Harris Tract does not form part of the N.E. lands now held by the Melvilles.[21]
There is no evidence of a deed between Davis and Gibbs transferring the 11 acres identified in the Portas Deed as contracted to be sold to Gibbs ("Gibbs Parcel"), [22] nor of subsequent conveyances of that property from Gibbs, until Rachel Brown, an heir of Gibbs, executed a quitclaim deed on June 26, 1992 ("1992 Brown Deed").[23] She conveyed 11 acres "more or less" which were identified as a part of the lands transferred through the Portas Deed and as "the 11 acre parcel contracted to be sold to Williams Gibbs on September 12, 1907," to Steve Szelestei, Jr. and Janet Szelestei, who subsequently transferred that parcel to the Trust on December 8, 2009.[24]
Both the Szelesteis and the Melvilles own lands adjoining Butterpat Road and Fords Corner Road that were not connected. The connecting parcel ("Connecting Parcel")[25] between their respective properties was land that they believed belonged to Gibbs or his heirs, [26] and they both wanted to acquire this land.[27] Although there was no recorded deed evidencing a conveyance to Gibbs, it appears Gibbs and his heirs paid property taxes on the Gibbs Parcel.[28] Beginning in 1973, Melville contacted Esther Mordecai ("Mordecai"), Gibbs' heir, who was listed as the owner of the Gibbs Parcel in tax records, seeking to acquire the Gibbs Parcel.[29] Melville testified that Mordecai responded that she "did not have good title" and refused to sell the property and that their communications ceased in 1986.[30] In the mid-to-late 1980s, after checking property tax records to learn that Mordecai was listed as the owner of the Gibbs Parcel, Szelestei wrote to Mordecai to express interest in acquiring the property.[31] After Mordecai died, Rachel Brown, Mordecai's heir, executed the 1992 Brown Deed.[32] The Szelesteis believed that they had purchased the entire Connecting Parcel, including the Disputed Parcel, and hired a surveyor, Robert Larimore ("Larimore") in 1993 to draw a survey of the Connecting Parcel ("1993 Larimore Survey") but did not record the survey.[33]
The Szelesteis began licensing hunters to hunt on the entire Connecting Parcel in 1993.[34] The Szelesteis and the hunters whom they licensed to hunt on the Connecting Parcel were allowed to hunt wild turkeys and deer during the hunting seasons specified by Delaware state law.[35] The Szelesteis, or their licensed hunters, have maintained the trails, one of which is 10-12 feet wide, on the Connecting Parcel.[36] The hunters have put signs on the trails to ensure that none of the hunters cross into another's property and have maintained and marked their deer stands.[37]
After Melville acquired a portion of the Portas Tract in 1973 and was unable to purchase the Gibbs Parcel, he approached N.E in 2000 about purchasing additional land it owned from the Portas Tract, but they were unable to negotiate a sale.[38] In 201...
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