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Keywords

damagestrialpatentquiet title action

damagesstatuteappealtrialwillpatentcross-examinationappellant

Related Cases

Bartels v. Anaconda Co., 304 N.W.2d 108

Facts

The dispute centers around a 4.1-acre tract of land in Lawrence County, South Dakota, originally patented to New Era Mining Company in 1896 and later acquired by Anaconda in 1973. The Bartels claimed title through a series of quitclaim deeds dating back to 1942. In 1979, after Anaconda requested the Bartels to vacate the land, the Bartels initiated a quiet title action, leading to Anaconda's counterclaim for title and trespass regarding other property.

The subject matter of this appeal is a 4.1 acre tract of land which is located on portions of Mineral Point, Oxford, Mohawk, Lone Jack and Lone Pine Lodes of Mineral Surveys 1065 and 1073 (MS 1065 and MS 1073), near Terry Peak road in Nevada Gulch, Lawrence County, South Dakota. This land was originally patented to New Era Mining Company in 1896. Anaconda obtained title to this land in 1973 from Golden Reward Mining Company, who had obtained it through various conveyances leading back to New Era Mining Company.

Issue

The main legal issues were whether the Bartels' possession of the land was adverse to Anaconda and whether they were trespassing on Anaconda's other property.

Anaconda raises several issues on appeal, which may be summarized as follows: (1) Were Bartels and their predecessors' possession adverse to Anaconda and did it last for the prescribed period of twenty years; (2) were the Bartels trespassing on other Anaconda land; and (3) did the trial court err in using the wrong standard for the establishment of adverse possession?

Rule

To establish title by adverse possession, the possession must be hostile, actual, open, and continuous for the statutory period, and disclaimers of title preclude acquisition of title by adverse possession unless a claim is made for the statutory period.

A use which is not hostile or adverse will not ripen into a prescriptive right…. Physical exclusion of all others under a claim of right under our statutes has been said to be the sole test of adverse possession.

Analysis

The court found that the Bartels' possession was not hostile or under any claim of right, as evidenced by their testimonies and actions indicating a lack of intent to claim ownership. The Bartels had made multiple disclaimers of title, which undermined their claim of adverse possession. The court concluded that the trial court's findings were clearly erroneous based on the totality of the evidence.

The record is replete with evidence that the Bartels' possession was neither hostile nor under any actual claim of right or ownership. First and foremost, at trial, Mr. Bartels testified on cross-examination as follows: Q (Appellant's counsel): So you never claimed the land adversely to anyone? A (Bartels): No. Moreover, a letter dated May 30, 1974, wherein the Bartels expressed an interest in purchasing this land from Anaconda, indicates a further lack of hostile possession or claim of right by the Bartels.

Conclusion

The Supreme Court reversed the trial court's judgment, ruling that the Bartels did not establish title by adverse possession and that Anaconda was entitled to nominal damages for the Bartels' trespass.

Therefore, because of the Bartels' disclaimers of title and lack of a hostile and adverse possession, we find that they have not established title by adverse possession in the Anaconda property.

Who won?

Anaconda Company prevailed in the case because the Supreme Court found that the Bartels failed to establish adverse possession and were liable for trespass.

Anaconda is at least entitled to nominal damages on this issue. Therefore, we reverse and remand to the trial court for a determination of damages.

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