Heiser, et al. v. Dahl, et al.

Citations

• 2024 ND 160

Syllabus

To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant. Section 28-01-11, N.D.C.C., narrows the scope of adverse possession when it is not based on a written instrument to property protected by a substantial enclosure or when it has been usually cultivated or improved. Possession of real property which is permissive at its inception only becomes adverse when there is a disclaimer of the true owner's title or there are acts of an unequivocal nature by the possessor putting the owner on notice of the hostile nature of the possession. A claimant's mowing and maintenance are not unmistakable hostile uses of land to support a claim of adverse possession. To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary for at least 20 years.