Owen v. Smith
| Decision Date | 14 April 2021 |
| Docket Number | Docket No. 47304 |
| Citation | 485 P.3d 129,168 Idaho 633 |
| Court | Idaho Supreme Court |
| Parties | Carl E. OWEN and Anita R. Owen, Husband and Wife, Plaintiffs-Counterdefendants-Appellants, v. Derik L. SMITH and Jessica R. Smith, Husband and Wife, Defendants-Counterclaimants-Respondents. |
Carl E. Owen, Rupert, pro se for Appellant.
Donald J. Chisholm, Burley, attorney for Respondent.
SUBSTITUTE OPINION.
THE COURT'S PRIOR OPINION DATED NOVEMBER 16, 2020 IS HEREBY WITHDRAWN.
This appeal arises from a boundary dispute between Carl and Anita Owen ("Owens") and Derik and Jessica Smith ("Smiths"). In 2018, the Smiths bought property next to the Owens’. The Smiths then erected a fence along the boundary defined in a survey that was completed as part of their purchase agreement. The Owens disputed the boundary established by the 2018 survey and filed a complaint seeking damages for trespass, deprivation of real and personal property that was in the disputed area, loss in property value, and inability to inhabit and enjoy the property. The Smiths counterclaimed for quiet title and an easement guaranteeing them access to a buried irrigation pipeline that crossed the Owens’ property. The parties each filed a motion for summary judgment. The district court granted the Smiths’ motion for summary judgment, holding the Owens had no right, title or interest in the disputed property and that the Smiths were bona fide purchasers with superior claim to any land described in their deed. The court also granted the Smiths permanent easement rights to the irrigation pipeline. The court dismissed the Owens’ claims for trespass and conversion of personal property. The Owens timely appealed to this Court. We affirm.
In 1978, William and Eva Nichols divided land they owned in Rupert, Idaho, into five parcels. On May 17, 1978, Idaho Land Survey prepared a survey that showed the newly divided parcels. The 1978 survey was not recorded. The issues here stem from the boundary between two of the five parcels: Parcel 1, now owned by the Smiths, which is 27.65 acres; and Parcel 2, now owned by the Owens, which is 3.09 acres.
In 1979, the Nichols sold Parcel 2 to their son, David Nichols, through warranty deed, using the legal description from the 1978 survey. The warranty deed passed the property free of encumbrances. David Nichols later filed for bankruptcy, and the Owens bought Parcel 2 through a bankruptcy trustee deed recorded on September 8, 2008. The property was conveyed "as is," without representation or warranty. The Owens bought an ALTA extended title insurance policy which guaranteed their title to Parcel 2 by the description in the 1978 survey.
In 1983, the Nichols conveyed Parcel 1 to Walter Woodworth using the legal description from the 1978 survey. In 1989, Mr. Woodworth conveyed Parcel 1 to Albert and Mary Ann Dureau using the same legal description. Mr. Woodworth and the Dureaus lived in California and did not frequent the property. Beginning in 1990, the Dureaus leased 25.7 farmable acres of Parcel 1 to Lind Garner. Mr. Garner was not charged rent for the nonarable portions of the property, specifically a treed area on the north side of Parcel 1 that bordered Parcel 2. Around 1995, Mr. Garner testified that he and Mr. David Nichols, the owner of Parcel 2 at the time, created a small berm near the trees to keep the irrigation water from Parcel 2 off the crops Mr. Garner was growing on Parcel 1. Without specifying how long it had been there, Mr. David Nichols testified there was a berm and built up ground between the parcels that kept his irrigation water from going onto the alfalfa field on Parcel 1 and at some point he and Mr. Garner "enhanced" the natural berm to a higher level.
After Mr. Dureau died in 2011, Ms. Dureau conveyed the property to a survivor's trust. In 2018, the Smiths bought Parcel 1 from the Dureau trust through a warranty deed recorded on April 11, 2018. During the process of acquiring title insurance for the sale, it was discovered that the County Assessor would need an updated legal description for the property. Thus, as a condition of the purchase agreement, the Smiths required Ms. Dureau have the property surveyed. On March 23, 2018, Trevor Reno of Desert West Land Surveyors surveyed Parcel 1. Mr. Reno concluded that the surveyor who prepared the 1978 survey incorrectly located the 1/16th center corner of the NE1/4 of Section 7 about 3.8 feet west and 1.1 foot north of its correct location. Mr. Reno testified that the monument for the correct 1/16th corner was established by Steven Pearson in a 1993 survey performed for another landowner. That point has been used and accepted for all surveys in the surrounding area since 1993, including surveys conducted by Stanley Carper and Durrell Moon of Moon & Associates in 1993 and 1994. Mr. Reno conducted the 2018 survey from the correct 1/16th corner. Thereafter, a land surveyor intern for Desert West Surveyors placed wooden survey stakes with flags along the boundary identified in Mr. Reno's 2018 survey. The 2018 survey was recorded on April 2, 2018.
After receiving the results of the 2018 survey, Mr. Smith testified that he visited the property and did not observe any fence or feature along the common boundary of the Owens’ parcel that would suggest anyone was using or encroaching on Parcel 1. After the sale had closed, Mr. Smith placed T-post markers along the boundary identified in the 2018 survey. As he was placing the markers, Mr. Smith was approached by Mr. Owen who claimed his property line extended to the irrigation berm at the edge of the cultivated field on the Smiths’ property – contrary to the results of the 2018 survey. In June 2018, Mr. Owen installed a fence consisting of T-posts and wire, and attached "No Trespassing" signs on the disputed property. Mr. Smith demanded that the fence be removed. Between April and September 2018, the parties were unable to negotiate an agreement to their boundary dispute. On September 14, 2018, Mr. Smith built a 3-strand barbed wire fence along the 2018 survey line. Portions of the fence ran over personal property the Owens had left on the property.
On September 25, 2018, the Owens, acting pro se, filed a "Civil Complaint for Trespassing and Suit for Damages and Relief," which included a demand for a jury trial. The Owens sought damages for trespass, deprivation of real and personal property, loss in property value, and inability to inhabit and enjoy the property because of the Smiths’ erection of the fence on what they claimed was their property. The Owens alleged that for several decades the disputed strip, which included a garden spot, a special Christmas tree, an asparagus patch and grape patch, had been maintained, irrigated, mowed, and kept in good condition by the owners of Parcel 2. In response, the Smiths filed a motion for more definite statement and motion to strike. The Smiths alleged that the Owens’ complaint was too verbose, contained inadmissible evidence, and failed to contain a short and plain statement of the claims for relief sought. The Owens opposed the Smiths’ motion.
The Owens filed a motion and affidavit for entry of default. After a hearing, the district court denied the Owens’ motion for default and ordered the Owens to file an amended complaint that concisely stated their claims, narrowing the evidence to a short and plain statement of the supporting facts. On October 30, 2018, the Owens filed an amended complaint. The Smiths answered the amended complaint and filed a counterclaim which sought two things: (1) quiet title to the disputed land; and (2) a judgment recognizing the Smiths’ entitlement to use, operate, repair, maintain, and replace the irrigation diversion features and buried pipeline that run across the Owens’ property at their present location. The Smiths claimed their property had a permanent easement to use and maintain the irrigation works and pipeline along the west boundary of the Owens’ property.
On November 8, 2018, the Smiths filed a motion for an order allowing a survey of the Owens’ property. The Owens opposed the motion, arguing that another survey would not resolve any of the issues raised in the amended complaint and would cause them to incur undue expenses. The district court denied the Smiths’ motion for a survey without prejudice and entered an order of mediation. The judge explained that the Owens’ property was probably going to be surveyed, but thought that it should be done in the context of a mediation.
After the parties were unable to resolve their dispute through mediation, the Owens filed their own motion for an order requiring a survey of both Parcel 1 and Parcel 2. The Smiths opposed the Owens’ motion, arguing that they were confident in the survey Mr. Reno had conducted before their purchase of Parcel 1 and there was no economic reason for another survey of their property. The Smiths also pointed out that the Owens objected to their request to have Parcel 2 surveyed for $600–700 due to cost, but were now proposing a joint survey that was estimated to cost around $3,000. The Owens explained that they thought a single survey of both parcels would be more expedient because it was less likely to lead to another dispute where two surveyors would get together and each defend their position.
During the hearing on the Owens’ motion, the district judge recused himself after the Smiths’ attorney raised concerns that his clients were being treated unfairly. The allegations stemmed from the judge's comments that Smith's attorney had made inflammatory statements towards the Owens. The judge recused himself without ruling on the motion or determining whether there was actual bias. The case was reassigned to a new district judge, Judge Tribe.
Although it is not included in the record, the Owens apparently withdrew their motion...
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