Schoenherr v. Campbell
| Decision Date | 20 July 1970 |
| Docket Number | No. 22874,22874 |
| Citation | 472 P.2d 139,172 Colo. 306 |
| Parties | Victor P. SCHOENHERR, Delores S. Schoenherr, Plaintiffs in Error, v. Howard E. CAMPBELL and Carolene L. Campbell, Defendants in Error. |
| Court | Colorado Supreme Court |
Clifton B. Kruse, Jr., Colorado Springs, for plaintiffs in error.
Murray, Baker & Wendelken, Gerald W. Bennett, Colorado Springs, for defendants in error.
The Campbells were the plaintiffs in the trial court where they commenced a quiet title action pertaining to a portion of lot 1, Luna Vista Heights, a subdivision of El Paso County. Record title to this portion of lot 1 was in the Schoenherrs, the plaintiffs in error.
The Campbells are the record owners of lot 9 which adjoins the above described lot 1. The portion of lot 1 in dispute is triangular in shape and has been occupied and maintained by the Campbells and their predecessors in title for over 18 years and since the subdivider and then common owner of lots 1 and 9 allegedly relocated the boundary line between these lots by grading in a barrier and installing a hedge.
After trial to the court, judgment was entered in favor of the Campbells. The trial court concluded that the Campbells and the Schoenherrs, and their respective predecessors in title, as adjacent landowners of record, had established the relocated boundary line as the 'final and decisive boundary line between their respective lands by agreement or acquiescence' for a period in excess of the statutory eighteen years, and that the possession of the triangular portion of lot 1 by the Campbells and their predecessors in title was adverse.
C.R.S. 1963, 118--7--1 provides that 18 years adverse possession of any land shall be conclusive evidence of absolute ownership.
A substantially correct summarization of the evidence is contained in the following findings of fact by the court:
'That the said John Ceresa at the time of relocation of said boundary line was the common owner of said Lots 1 and 9; that since 1946 and at all times until November of 1965, all of the subsequent owners of Lots 1 and 9 agreed to and acquiesced in the boundary as relocated, and...
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