Smith v. Hayden
| Decision Date | 10 April 1989 |
| Docket Number | No. 87SA247,87SA247 |
| Citation | 772 P.2d 47 |
| Parties | Donald P. SMITH, Jr. and Marjorie Smith, Plaintiffs-Appellees, Cross-Appellants, v. Joan HAYDEN, Defendant-Appellant, and Frank and Anna Riedel, Defendants, Cross-Appellees. |
| Court | Colorado Supreme Court |
Irvin M. Kent, Aurora, for plaintiffs-appellees, cross-appellants.
Robinson, Waters, O'Dorisio & Rapson, P.C., Jeremy P. Cohen, Denver, for defendant-appellant.
Jacobson & Dudgeon, Ethan Jacobson, Lakewood, for defendants, cross-appellees.
This is an appeal and a cross-appeal from a district court judgment quieting title to
two parcels of real property in Buffalo Creek, Colorado, based on principles of adverse possession. The disputes arose when surveys disclosed that the true boundary lines separating three properties on which mountain cabins had been constructed were not where the owners or their predecessors in title had long believed them to be. The district court determined that ownership had been established by adverse possession consistent with the boundaries that historically had been believed to be correct. We affirm the judgment of the district court. 1
At issue is the title to two strips of land, each approximately 20 feet wide and 195 feet long. One lies along the southeast boundary and one along the northwest boundary of a lot owned by Donald P. Smith, Jr., and Marjorie G. Smith in Buffalo Creek, Colorado. The lot is essentially rectangular and contains approximately one-half acre. It has 105 feet of frontage on the right-of-way for the highway between Pine Junction and Deckers and extends approximately 195 feet back from the highway right-of-way.
A lot owned by Frank Riedel and Anna Riedel borders the Smith lot on the northwest. Property owned by Joan Hayden adjoins the Smith lot on the southeast. All three properties are improved with cabins and have been used by their owners principally as summer weekend retreats.
About 25 feet easterly from each of the rear corners of the Smith lot is an iron pipe driven into the ground. These pipes were assumed by the Smiths, the Riedels and their predecessors in interest to mark the rear corners of the Smith property. In fact, as recent surveys show, the true corners of the Smith lot are about 25 feet westerly of these markers. It is undisputed that the sidelines of the Smith property are perpendicular to the rear lot line.
The present dispute was precipitated when the Smiths obtained a survey in 1983 incident to the construction of an addition to their cabin. The survey showed that a strip of land on the southeast side of the Smith property, which the Smiths originally had assumed to be theirs, was within the boundaries of the Hayden property and that a strip of land on the northwest side of the Smith property, which both the Smiths and the Riedels had assumed to belong to the Riedels, was within the boundaries of the Smith property. We refer to the properties described in the deeds and delineated on the ground by the recent surveys as the Riedel property, the Smith property, and the Hayden property. We refer to the disputed strip within the Smith property along its border with the Riedel property as the Riedel-Smith parcel and to the disputed strip within the Hayden property along its boundary with the Smith property as the Hayden-Smith parcel. A schematic diagram depicting these properties is annexed as an appendix to this opinion.
A garage historically used by the Riedels and their predecessors in title to the Riedel property is located on the Riedel-Smith parcel, within the boundaries of the Smith property. A driveway and parking area historically used by the Smiths and the persons from whom they obtained title to the Smith property is located on the Hayden-Smith parcel, within the boundaries of the Hayden property.
After the Smiths discovered the discrepancy between the true and assumed property lines, they brought the present action against the Riedels and others late in 1983 to quiet title to the Smith property, including the Riedel-Smith parcel. The Riedels answered and counterclaimed to quiet title to the Riedel property and to the Riedel-Smith parcel. The Riedels based their claim to the latter parcel on the doctrine of adverse possession. 2 The Smiths then The trial court then issued findings of fact, conclusions of law and orders. 3 We summarize the findings and conclusions as they relate to each disputed parcel.
amended their complaint to add Hayden as a defendant and to assert a claim by adverse possession to the Hayden-Smith parcel. Hayden answered, denying the adverse possession allegations, and counterclaimed against the Smiths to quiet title to the Hayden property, including the Hayden-Smith parcel. After all claims were at issue, the case was tried to the Jefferson County District Court. During the trial, and at the request of the parties, the trial court viewed the premises to which this litigation relates.
The Riedel property and the Smith property were at one time owned in common by W.F. Brogoitti. Brogoitti built the Riedel cabin, the Smith cabin and two garages, one to be used in association with each cabin. Brogoitti believed the iron pipes were at the corners of the Smith property, and based on that assumption he positioned the garages so that the boundary line would pass between the two garages. In fact, however, both garages were on the Smith property. 4
In 1953 Brogoitti conveyed the Riedel property to Thomas O. Hayden and Joan Hayden. In 1963 the Haydens conveyed the property to John A. Mathis and Mary Mathis. John A. Mathis transferred his interest to Mary Mathis, who in turn conveyed the property in 1965 to the Riedels, who continued to own it to the time of trial. From the date they acquired their property until this litigation was commenced, the Riedels believed that the iron pipe near the back of the Smith property was the common corner of that property and the Riedel property, and that the boundary line between the Smith and Riedel properties ran between the two garages. 5 The court found that the Riedels used the Riedel-Smith parcel as if it were theirs. The court relied on the following facts: The Riedels had an oil storage drum buried behind their garage, the garage was located in the Riedel-Smith parcel, the Riedel children played in that strip, and the Riedels held barbecues during which part of that strip was used. Additionally, "although the Smiths may have stored some lumber on that strip, and the Riedels did not object, the Riedels at all times claimed that strip as their property."
Based on these findings the trial court concluded that "at all times from 1965 to the time of the trial, the Riedels['] possession of [the Riedel-Smith parcel] was actual, adverse, hostile, and under claim of right" and that their possession was "open, notorious, exclusive, and continuous" during that time.
In 1955 Brogoitti conveyed the Smith property to Edd D. Wilson and Ethel A. Wilson. In 1961 Edd D. Wilson quit claimed his interest in the property to Ethel A. Wilson. In 1963 Ethel A. Wilson conveyed the Smith property to the Smiths, who continued to own it to the time of trial.
At the time the Smith property was conveyed to the Smiths, Edd D. Wilson told Donald P. Smith, Jr., that the iron pipes at The Hayden property was owned by Harry Chace and Elsa Chace until 1978 when they conveyed the property to Joan Hayden. 6 In 1972 there was a conversation between Harry Chace and Donald P. Smith, Jr. (Smith), in which Chace said he had a survey that showed that the boundary between their two properties was close to the Smith house, which meant that the driveway was on the Hayden property, then owned by Chace. Smith told Chace that he and the Wilsons had used the driveway and that the Smiths were going to continue to use the driveway. Chace indicated that if there was ever a problem, he would give the Smiths a deed to the property. The trial court found that rather than being a concession of Chace's ownership, the statement made by Smith was an assertion of the Smiths' right to use the property and was consistent with their claim of ownership of the property to the iron pipe, i.e., the entire Hayden-Smith parcel.
the back of the property marked the property corners. The court found that from the date of their acquisition of the property the Smiths believed they had title to the property defined by the location of the iron pipes. The court found that from 1957 until they sold the property to the Smiths, the Wilsons used the driveway on the Hayden-Smith parcel as the main entry to their property and that from their acquisition of the Smith property in 1963 until the date of trial the Smiths used that driveway as the main entrance to their property. The driveway was used not only for the parking of vehicles but also as a picnic area by both the Wilsons and the Smiths. Additionally, there is a sign reading "D.P. Smith, Jr." affixed to a tree located in the center of the driveway. There was never a fence between the Smith property and the Hayden property.
The court also found that in 1978 Joan Hayden asked Donald P. Smith, Jr., if he knew the property line was right next to the Smith porch, and told him that she had a survey. She later showed him the survey, which depicted no improvements so that the location of the line in relation to the Smith cabin was not shown. She said that most of the driveway was on her property. Smith replied that he and the Wilsons had parked there and that he intended to continue to park there. She said that "if there is any problem with that I'll give you a deed." Again, the court found that rather than being a concession of Hayden's ownership, the statement made by Smith was an assertion of the Smiths' right to use the property and was consistent with their claim of ownership of the property to the iron stake.
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