Yin v. Midkiff

• Decision Date: 10 February 1971
• Docket Number: No. 4984,4984
• Citation: 481 P.2d 109,52 Haw. 537
• Parties: Benjamin YIN and Eliza Kaimihana Nahoeu v. Frank E. MIDKIFF et al.
• Court: Hawaii Supreme Court

Page 109

481 P.2d 109

52 Haw. 537

Benjamin YIN and Eliza Kaimihana Nahoeu v. Frank E. MIDKIFF et al.

No. 4984.

Supreme Court of Hawai'i.

Feb. 10, 1971.

Syllabus by the Court

1. To acquire exclusive title by adverse possession, a cotenant must show: (1) a clear intent to claim adversely; (2) adverse possession in fact; and (3) knowledge or notice of the histile holding brought home to the cotenant or cotenants out of possession.

2. Where the parties in an action of adverse possession are cotenants and closely related by ties of blood, the burden of the cotenant claiming adversely is increased in that the additional element of 'actual knowledge' of the adverse possession is required, rather than mere circumstances putting the possessor's cotenants on notice.

3. Any cotenant seeking to establish adverse possession labors under a strong presumption against every supposition that a cotenant in sole possession is holding the premises in opposition to the rights of his cotenants.

4. A conveyance and recording of a deed is not in itself notice that the cotenant-grantee claims the property exclusively or holds the same adversely even though he is in sole possession.

5. One cotenant does not hold adversely to the others merely by being in sole occupancy of the premises.

Howard H. Moore, Pratt, Moore, Bortz & Case, Honolulu, for appellant.

Roy K. Nakamoto, Hilo, for appellee.

Before RICHARDSON, C. J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

RICHARDSON, Chief Justice.

This proceeding was filed as a complaint to quiet title to certain real property located at Keauhou, Kona, Hawaii, consisting of three separate grants, to wit: portion of L.C.Aw. 7362, R.P. 8023, Apana 2 to Kaanoano (hereinafter referred to as Parcel I), portion of L.C.Aw. 11046, R.P. 4437 to Molale (hereinafter referred to as Parcel II), portion of L.C.Aw. 7713, R.P. 4475, Apana 7 to Victoria Kamamalu (hereinafter referred to as Parcel III), all totaling .61 acres. These three parcels have been surrounded by stonewalls since at least 1902 and contained a family dwelling, which straddled the boundary between Parcels I and III, as well as a cistern, privy, shed and storeroom.

The premises were owned by one Samuel Haanio at the time of his death in 1909. ¹ He died intestate, a widower and childless, being survived by the three children of a predeceased brother, their names being Harry Haanio, Rachel Haanio Kaimihana (formerly Rachael Haanio Yin), and Alice Haanio Mia. All three subsequently died intestate and left various progeny surviving them, Harry being also survived by his widow, Mary Haanio.

Plaintiffs-Appellants, Benjamin Yin and Eliza Kaimihana Nahoeu, two of the children of Rachael Haanio Kaimihana, filed suit to quiet title. Mary Haanio Harry's widow, and seven of her eight children filed a counterclaim and a cross-claim contending that they had acquired title to the property by adverse possession. Meanwhile, the eighth child of Harry, Lawrence Haanio, had died leaving a widow and two children, all of whom filed answers admitting the family pedigree and claiming only the interest that they would have as members of the family tree; i. e., not joining in the claim of adverse possession. Essentially, therefore, we have a case in which plaintiffs are contending that the respective issue, as a group, of each of said Harry, Rachael and Alice own an undivided one-third interest in the land. Defendants, on the other hand, are claiming full title for all of the heirs of Harry.

In the trial court defendants prevailed and were found to have acquired title to the premises by adverse possession. Judgment was filed in favor of the widow of Harry Haanio and all of his eight children and/or issue thereof, vesting full title in them, and against the various children of Rachael and Alice, first cousins of the children of Harry. Plaintiffs have appealed by alleging as error the trial court's findings of fact as to adverse possession and the court's conclusions of law.

What constitutes the essentials of adverse possession by one cotenant against other cotenants is of course a matter of law; whether those essentials are present in a given case, there being sufficient evidence in support of either conclusion, is a question of fact. The first part of this opinion will, therefore, address itself to defining the essentials of adverse possession in cases involving cotenants, particularly where the cotenants have close blood ties and are claiming title from a common source or ancestor. The second part will, in turn, examine the evidence presented in the trial court to determine whether its conclusions are consistent with the general propositions of law discussed herein.

I. Essential Requirements of Adverse Possession-Cotenants

This is a case involving cotenants: a brother, Harry, and two sisters, Rachael and alice. They are today represented by the widow and children of Harry, who are the appellees, and the descendants of Rachael and Alice, who are the appellants. It is a case of aunt versus nieces and nephews; a case of cousins versus cousins. No third parties are involved. The law and the necessary sufficiency of evidence in cases of cotenants, particularly where there are close blood ties, is very different from cases involving third parties.

That one cotenant may hold adversely to another cotenant is recognized in this jurisdiction. Kaahanui v. Kaohi, 24 Haw. 361 (1918); Aiona v. Ponahawai Coffee Co., 20 Haw. 724 (1911); Kauhikoa v. Hobron, 5 Haw. 724 (1911); Kauhikoa v. Lai, 3 Haw. 317 (1871). And traditionally courts have held that a cotenant relying upon a claim of adverse possession has the burden to show the following essential requirements in order to acquire exclusive title as against the ones out of possession: (1) a clear intent to claim adversely; (2) adverse possession in fact; and (3) knowledge or notice of the hostile holding brought home to the cotenant or cotenants out of possession. Chicago, P. & St. L. Ry. v. Tice, 232 Ill. 232, 83 N.E. 818 (1908); Waterman Hall v. Waterman, 220 Ill. 569, 77 N.E. 142 (1906).

Although it is elementary that the burden of proof in any case involving adverse possession is upon the party alleging such, whenever the parties to the action are cotenants and closely related by ties of blood, the burden of the cotenant claiming adversely is intensified. Chasteen v. Chasteen, 213 So.2d 509 (Fla.App.1968); Walton v. Hardy, 401 S.W.2d 614 (Tex.Civ.App.1966); Flunder v. Childs, 238 Ark. 523, 382 S.W.2d 881 (1964). This increased burden usually requires the additional element of 'actual knowledge' of the adverse possession, rather than mere circumstances putting the possessor's cotenants on notice. Baxter v. Young, 229 Ark. 1035, 320 S.W.2d 640 (1959); Torrez v. Brady, 37 N.M. 105, 19 P.2d 183 (1932). As the court stated in Mercer v. Wayman, 9 Ill.2d 441, 137 N.E.2d 815 at 818 (1956), a case involving parties with close family relationships:

While the plaintiffs exercised such control and dominion over the property as to be hostile and adverse to all strangers, the rules with regard to adverse possession are different in the case of one cotenant who claims adversely to other cotenants. * * * Before the possession of one tenant in common can be adverse to the cotenant there must be a disseizin or ouster by some outward act of ownership of an unequivocal character, overt and notorious, and of such nature as to impart information and notice to the cotenant that an adverse possession and disseizin are intended to be asserted by the tenant in possession. * * *

* * * (I)n order to start the running of the Statute of Limitations against a cotenant, it must be shown that the tenant in possession gave actual notice to the tenant out of possession that he was claiming adversely, or that the tenant out of possession had received notice of such claim of the tenant in possession by some act which would amount to an ouster or disseizin. * * * (Emphasis added.)

In addition, any cotenant seeking to establish adverse possession labors under a strong presumption against every supposition that a cotenant in sole possession is holding the premises in opposition to the rights of his cotenants. Hare v. Chisman, 230 Ind. 333, 101 N.E.2d 268 (1951); Bradford v. Armijo, 28 N.M. 288, 210 P. 1070 (1922). The presumption is that the one in occupancy holds the premises in his character and right as cotenant, and consequently for the others as well as for himself, and not adversely to them. Smith v. Hamakua Mill Co., 13 Haw. 716 (1901).

The question we must now answer, then, is whether the plaintiffs-appellants failed to carry their burden of proof to show intent to hold adversely, or any action of a hostile or adverse nature, or of actual notice of ouster or disseizin against the cotenants, defendants-appellees.

II. Adverse Claimants' Proof

The significant acts upon which appellees have based their claim of adverse possession begin with an application by Harry Haanio for title to Parcel III from the Bishop Estate. As previously mentioned, the Bishop Estate Trustees realized as early as 1909 that the Estate had probably lost some of its land in the Keauhou, Kona region due to encroachments. In 1925 a survey was ordered for this region by Bishop Estate. It showed that Parcel III was one of the many parcels that was subject to loss by adverse possession because of long standing encroachments. To facilitate the 'cleaning up' of these encroachments, Bishop Estate attempted to get the encroachers to pay the Estate $100 per acre in return for a quitclaim deed. In the application form for the quitclaim deed to Parcel III, Harry Haanio clearly stated that the interested parties were himself and his sisters Rachael and Alice, that their addresses were unknown and that title to the parcel be in his own name.

The theory of the trial court, in rendering judgment for the appellees, was that the quitclaim of Parcel III within the...