Luce v. Marble

• Decision Date: 30 December 2005
• Docket Number: No. 30691.,30691.
• Citation: 127 P.3d 167,142 Idaho 264
• Parties: Esther LUCE, Plaintiff-Appellant-Cross Respondent, v. William E. MARBLE, Defendant-Respondent-Cross Appellant, and Jane Doe Marble, and Jim Jordan and Dotty Jordan, and all other persons unknown claiming any right, title, estate, lien, or interest in the real property described as set forth in exhibits 1, 2 and 4 attached to Complaint, Defendants.
• Court: Idaho Supreme Court

127 P.3d 167

142 Idaho 264

Esther LUCE, Plaintiff-Appellant-Cross Respondent, v. William E. MARBLE, Defendant-Respondent-Cross Appellant, and Jane Doe Marble, and Jim Jordan and Dotty Jordan, and all other persons unknown claiming any right, title, estate, lien, or interest in the real property described as set forth in exhibits 1, 2 and 4 attached to Complaint, Defendants.

No. 30691.

Supreme Court of Idaho, Lewiston, October 2005.

December 30, 2005.

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Charles Alan Brown, Lewiston, argued for appellant.

Radakovich Law Office, Lewiston, for respondent. Danny J. Radakovich argued.

BURDICK, Justice.

This matter involves a dispute over the ownership of a parcel of land in Lenore, Idaho. Appellant, Esther Luce (Luce) brought an action for quiet title, boundary by acquiescence, adverse possession, easement by prescription, and trespassing and damage to real property. Respondent, William E. Marble (Marble) counterclaimed for quiet title. This case comes to this Court on appeal from the judgment quieting title in Marble and granting Luce an easement and the order awarding costs and attorney's fees to Marble. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Esther Luce (Luce) and her husband, Ike, purchased approximately 1.9 acres of real property in Nez Perce county from Gertrud H. Radegast in 1963 (Luce property), and the property was transferred to them by warranty deed in 1964. Immediately contiguous to and open to the Luce property was a parcel of land, enclosed by a fence (Parcel A). Parcel A is fenced on the north, south and western borders, but was not fenced on the eastern border — the border between Parcel A and the Luce property. Parcel A is an irregularly shaped parcel that juts from the lower western edge of the Luce property and contains approximately 0.34 acres.

The fence lines around Parcel A existed when the Luces purchased their property but it is unknown who built the fence or why. These fences have remained in the same location for over forty years. Parcel A is also bisected by a roadway (the roadway), which continues west across another parcel of land (Parcel B)¹ and across property now owned by Jim and Dotty Jordan (the Jordan property), until it connects with a county road known as the Lenore Grade. The roadway is the exclusive way to access the Luce property.

The Luces paid property taxes on the Luce property after they purchased it. However, Luce is an enrolled Nez Perce tribal member, and approximately ten to fifteen years prior to trial she put the Luce property into a trust. This removed the Luces' obligation to pay property taxes. While Luce testified that she paid property taxes on Parcel A, her testimony was rather tentative, she did not state when, for which years, or for how long, any such payments were made, and she admitted she did not have any proof of having paid the taxes.

In April of 2002 Marble purchased approximately 1.34 acres of real property immediately east of the Luce property (the Marble property) from the railroad. Parcel A is located entirely on the property the railroad deeded to Marble, and it is surrounded on three sides by the Marble property. A month after purchasing the Marble property, Marble removed a portion of the fence line enclosing the north and western boundaries of Parcel A. He also removed a cattle feeder on Parcel A and placed it on the Luce property.

Shortly thereafter, Luce filed her complaint seeking to quiet title to Parcels A and B, alleging causes of action for adverse possession, boundary by acquiescence, prescriptive easement, and trespass and damages. Marble counterclaimed for quiet title to the Marble property. After Luce's case-in-chief, Marble and the Jordans moved to dismiss all of Luce's claims. The district court granted the motion to dismiss the adverse possession, boundary by acquiescence, and trespass and damages claims. The trial then continued as to Luce's prescriptive easement claim. After the parties submitted written post-trial arguments, the district court determined that Luce had failed to prove she had a prescriptive easement, but nevertheless "equity requires a finding that the railroad, at some point in time, granted an oral easement for ingress and egress." Marble then moved for costs and attorney fees. The district court ultimately entered judgment quieting title to Marble and describing the appurtenant easement for Luce's access roadway and ordered Luce to pay a portion of Marble's attorney's fees and all of his costs. Luce filed a timely appeal from this judgment as to Parcel A, and Marble timely filed a cross-appeal.

II. ISSUES ON APPEAL

1. Does the language of the quitclaim deed prevent Marble from asserting a superior right to Parcel A over Luce?

2. Did the district court err in dismissing Luce's boundary by acquiescence claim?

3. Did the district court err in dismissing Luce's adverse possession claim?

4. Did the district court err in dismissing Luce's prescriptive easement claim?

5. Did the district court err in dismissing Luce's trespass and damage claim?

6. Did the district court err in awarding attorney's fees to Marble, or err in the amount of attorney's fees awarded to Marble?

7. Is either party entitled to attorney's fees on appeal?

III. STANDARD OF REVIEW

On appeal, this Court will not set aside findings of fact, unless they are clearly erroneous. Marshall v. Blair, 130 Idaho 675, 679, 946 P.2d 975, 979 (1997) (citing I.R.C.P. Rule 52(a)). If a district court's findings of fact are supported by substantial and competent, though conflicting, evidence this Court will not disturb the findings. Hodgins v. Sales, 139 Idaho 225, 229, 76 P.3d 969, 973 (2003). In contrast, this Court exercises free review over the district court's conclusions of law to determine whether the court correctly stated the applicable law and whether the legal conclusions are sustained by the facts found. Conley v. Whittlesey, 133 Idaho 265, 269, 985 P.2d 1127, 1131 (1999).

IV. ANALYSIS

On appeal Luce argues that the quitclaim deed from the railroad to Marble prevents him from asserting a right superior to hers over Parcel A. She also asserts that she has established ownership to Parcel A through boundary by agreement, adverse possession and prescriptive easement. Finally, she contends that the district court wrongly dismissed her trespass and damages claim against Marble. Marble argues that the lower court correctly determined the issues Luce presented, but abused its discretion in its determination of attorney's fees below. Both parties request attorney's fees on appeal. This Court will deal with each issue in turn.

A. The Language of the Quitclaim Deed

Luce argues the language of the quitclaim deed required Marble to take the land subject to a visual inspection of its condition and that inspection should have revealed the fences and other improvements on Parcel A, so Marble cannot now argue that his interest is superior to hers via the quitclaim deed. The railroad conveyed the Marble property by quitclaim deed, which includes the following language:

ALSO, Grantee has been allowed to make a complete visual inspection of the property and has knowledge as to the past use of the property. Based upon this inspection and knowledge, Grantee is aware of the condition of the property and GRANTEE SPECIFICALLY ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS AND THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the property and any defects thereof, the presence of any hazardous substances, waste or contaminants in, on or under the property, the condition or existence of any of the above ground or underground structures or improvements in of or under the property, the condition of title to the property, and the leases, easements or other agreements affecting the property.

(Emphasis as in original).

Luce cannot rely on this language to prevent Marble from challenging her claim to Parcel A. A grantor can convey nothing more than he or she owns, and ordinarily a grantee acquires nothing more than the grantor owns and can convey. See Gardner v. Fliegel, 92 Idaho 767, 770, 450 P.2d 990, 993 (1969). A quitclaim deed conveys whatever interest the grantors possess at the time of the conveyance. Scogings v. Andreason, 91 Idaho 176, 180, 418 P.2d 273, 277 (1966). This includes legal title. Bliss v. Bliss, 127 Idaho 170, 174, 898 P.2d 1081, 1085 (1995); see also Dunham v. Dunham, 128 Idaho 55, 58, 910 P.2d 169, 172 (Ct.App.1994) ("[a] quitclaim deed is . . . . intended to pass any title, interest, or claim which the grantor may have in the premises."). Idaho law presumes that the holder of title to property is the legal owner of that property. Hettinga v. Sybrandy, 126 Idaho 467, 469, 886 P.2d 772, 774 (1994); Russ Ballard & Family Achievement Inst. v. Lava Hot Springs Resort, Inc., 97 Idaho 572, 579, 548 P.2d 72, 79 (1976). "[O]ne who would claim the ownership of property of which the legal title stands or record in another. . . must establish such claim by evidence that is clear, satisfactory and convincing." Russ Ballard & Family Achievement Inst., 97 Idaho at 579, 548 P.2d at 79.

Under these principles, since Marble holds record title to Parcel A Idaho law presumes that he is the legal owner of Parcel A. See Hettinga, 126 Idaho at 469, 886 P.2d at 774. Luce may not rely on the language of the quitclaim deed to overcome this presumption; she may overcome this presumption only by establishing her claimed right to Parcel A through clear and convincing evidence. See Russ Ballard & Family Achievement Inst., 97 Idaho at 579, 548 P.2d at 79. Therefore, each doctrine under which Luce claims an interest in Parcel A will be discussed in turn below.

B. Boundary by Acquiescence or Agreement

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