Rogers v. Moore

• Court: Minnesota Supreme Court
• Writing for the Court: PAUL H. ANDERSON, Justice.
• Citation: Rogers v. Moore, 603 N.W.2d 650 (Minn. 1999)
• Decision Date: 30 December 1999
• Docket Number: No. C0-98-1345.,C0-98-1345.
• Parties: Lynn L. ROGERS, et al., petitioners, Appellants, v. John MOORE, et al., Respondents.

603 N.W.2d 650

Lynn L. ROGERS, et al., petitioners, Appellants, v. John MOORE, et al., Respondents.

No. C0-98-1345.

Supreme Court of Minnesota.

December 30, 1999.

Scott C. Baumgartner, John J. Berglund & Varco, Ltd., Anoka, for appellants.

Kathryn J. Bergstrom, Kenneth A. Prine, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.

OPINION

PAUL H. ANDERSON, Justice.

The parties in this case are embroiled in a dispute over the status of a driveway located on parts of two adjoining residential lots in North Minneapolis. Lynn and Donna Rogers assert that they have demonstrated the continuous use of a driveway over part of John and Lisa Moore's property for the 15-year period required to establish a prescriptive easement. The Moores claim that the Rogers have failed to prove the existence of the easement. The district court found that the Rogers established an easement, but the Minnesota Court of Appeals reversed on the grounds that the record did not support a finding of continuous use. We reverse the court of appeals on the grounds that the district court's finding of continuous use was not clearly erroneous.

The facts relevant to this case span nearly 30 years, beginning on November 21, 1969, when appellant Lynn Rogers and his former wife, Susanne Rogers, purchased a parcel of real estate (hereinafter referred to as the Rogers' property) legally described as:

South one-half of Lot 9, Block 9, Bottineau's Second Addition to the Town of St. Anthony, County of Hennepin, State of Minnesota.

This lot is commonly known as: 1907-1909 Third Street Northeast, Minneapolis, MN. At the time of purchase, the Rogers' property consisted of an improved residential lot with a duplex and a detached garage. From 1969 until 1976, Lynn and Susanne Rogers resided in the upper level of the duplex together and leased the lower level to various tenants. In 1976, Lynn Rogers and Susanne Rogers divorced and Lynn Rogers retained possession of the duplex. In 1979, Lynn Rogers married appellant Donna Rogers. From 1979 until 1983, Lynn and Donna Rogers (the Rogers) maintained two residences: the upper level of the Minneapolis duplex and a separate residence in Ely, Minnesota. Between 1979 and 1983, they continued to lease the lower level of the Minneapolis duplex.

Throughout this entire time, from the date of purchase until 1983, the Rogers and their tenants used a driveway that ran from a curb cut on Third Street east along the north property line of their property. This driveway was the only access to the garage and a gravel parking area behind the Rogers' duplex. In 1978 during routine sidewalk maintenance, the city of Minneapolis widened the Third Street curb cut to more closely correspond to the width of the driveway. At that time, the driveway was approximately 10 feet wide. Unknown to anyone during this time, the driveway encroached on the property immediately to the north of the Rogers' property.

In December 1983, the Rogers sold their property by contract for deed to D & S Properties, a Minnesota Partnership (D & S). D & S purchased the Rogers' property as an investment, intending to lease both units, and from 1983 until 1990 or early 1991, D & S leased both units to various residential tenants. At some point between 1983 and 1994, the detached garage was demolished and removed. D & S neglected to maintain the property and, by late 1990 or early 1991, had allowed the property to become so run down that there were no tenants remaining in the duplex. D & S stopped making payments on the contract for deed in late 1990 or early 1991. The Rogers cancelled the contract for nonpayment in 1991. It is uncontested that during the life of the D & S contract for deed, Lynn Rogers made approximately 12 visits to the property to check on its condition in case he "ended up getting it back." He testified that on each visit he noticed cars parked in the gravel parking area behind the duplex and that the driveway showed signs of use. After the Rogers repossessed their property, they placed it on the market for sale.

In October 1991, Joseph Sheehan purchased the Rogers' property by contract for deed. Sheehan intended to renovate the duplex and then lease both units. While Sheehan was renovating the duplex, he also excavated, refilled, and defined the driveway without changing its dimensions. Due to business difficulties, Sheehan soon was unable to make payments on the contract for deed or to pay real estate taxes on the property. In August 1994, the Rogers' property was forfeited for unpaid real estate taxes. The Rogers redeemed the property from the state, cancelled the contract for deed, and repossessed the property early in 1995. The Rogers then repaired the damage to the duplex caused during its vacancy and new tenants moved in during July 1996.

From as early as 1969 until early in 1994, the property immediately to the north of the Rogers' property contained an older single-family house, which was set back approximately 3 feet from the south property line. The south wall of this house generally defined the northern boundary of the Rogers' driveway. In the spring of 1994, the Greater Minneapolis Metropolitan Housing Corporation replaced this house with a new larger single-family house set back approximately 11 feet from the south property line. However, the driveway remained at its previous location. Respondents John and Lisa Moore (the Moores), then living a few blocks away, observed the construction of the new house and noticed that the property was for sale.

On April 25, 1994, the Moores entered into a purchase agreement for the parcel of real estate immediately north of the Rogers' property (hereinafter referred to as the Moores' property) legally described as:

South one-half of Lot 8 and the North half of Lot 9, Block 9, Bottineau's Second Addition to the Town of St. Anthony, County of Hennepin, State of Minnesota.¹

This lot is commonly known as: 1911 Third Street Northeast, Minneapolis, MN. The Moores' property consists of an improved residential lot with a single-family house and a detached garage. Prior to signing the purchase agreement, the Moores inspected the property and noticed both the curb cut on Third Street and the gravel driveway extending along the property line between their property and the Rogers' property. The Moores moved in a month later, by May 28, 1994, and closed on the property on June 25, 1994.

Two boundary surveys of the Moores' property were completed before the Moores purchased their property and were reviewed by the Moores prior to closing. The first survey, dated January 14, 1993, showed the property with the older house. It also indicated the curb cut and gravel driveway encroaching on the Moores' property from the south. The survey showed the set-back from the south property line to the older house as 3.2 feet at the southwest corner and 3.05 feet at the southeast corner. This difference was attributed to the positioning of the house on the property. The survey also showed the distance from the Rogers' duplex to the south property line of the Moores' property as 7.1 feet at its narrowest point. According to this survey, the gravel driveway occupied virtually all of the space between these structures, a width of approximately 10 feet. The survey did not indicate the entire path of the driveway or its length along the Moores' south property line. But the survey appears to indicate that the driveway curved into the Rogers' property at a point just east of the older house's southeast corner, allowing vehicle access to the gravel parking area behind the duplex. The survey indicates that the encroachment did not extend the length of the Moores' property, but ceased at some point east of the older house's southeast corner.

A second survey dated in April 1993 showed a new house overlaid on the January 14, 1993 survey. This new house was to be set back approximately 11 feet from the Moores' south property line. The survey continued to show the Rogers' driveway as described in the first survey. As previously noted, the Moores reviewed these surveys prior to closing; however, they stated that they were not concerned about the driveway's encroachment because "on the deed there wasn't any written easement."

In June 1994, prior to closing on the property, the Moores were approached by Sheehan who at that time remained in possession of the Rogers' property. Sheehan was concerned because sod had been laid approximately 3 feet into the driveway by the Greater Minneapolis Metropolitan Housing Corporation. Sheehan requested that the Moores remove the sod. The Moores and Sheehan disagreed about the exact placement of the Moores' property line and John Moore showed Sheehan the above-described surveys. After noting the driveway's encroachment on the Moores' property, Sheehan raised the possibility of purchasing the easement. The Moores refused, stating that they had purchased the entire property as described in the surveys and their purchase included that part of the driveway encroaching on their property. Shortly after this encounter, the Rogers' property was forfeited for unpaid real estate taxes and Sheehan lost possession.

About one year later in April or May 1995, the Moores erected a fence along part of the south boundary of their property. The fence extended from near the midpoint of the south wall of the new house, south to the property line, then east along the property line to the property's southeast corner. This fence intruded on the driveway approximately 3 feet and effectively blocked the driveway as an access to the gravel parking area behind the Rogers' duplex.

After the Rogers repossessed their property, the Moores noticed workmen, hired by the Rogers, continuing to use the unobstructed part of the driveway. One day in June 1995, the Moores also noticed Lynn Rogers using the driveway. On that occasion, ...