Justia Real Estate & Property Law Opinion Summaries

Dori Lentz appealed an order and judgment denying her request to modify the distribution decrees of the Estate of Charlotte C. Nohle and ordering her to pay the estate's attorney's fees. After review, the Supreme Court affirmed, concluding the district court did not abuse its discretion by denying the requested modification or by awarding attorney's fees. View "Estate of Nohle" on Justia Law

Missouri River Royalty Corporation and Bauer Family LLP appeal a district court's order granting summary judgment to the defendants, most of whom are members of the Brokaw family (collectively "Brokaw"). In 1958, Lyman Brokaw conveyed "an undivided full interest" in the minerals in and under the property at issue here to North American Royalties Inc. ("North American"). Later that year, North American conveyed an undivided one-half interest in the minerals to Claud Hamill. Over the next fifty years, North American transferred other fractional interests to various persons and entities. By the time of this action, Plaintiffs alleged the ownership proportions of the 160 mineral acres were as follows: The Hamill Foundation - 50%; Black Stone Minerals Co. - 25%; Missouri River Royalty Corp. - 18.75%; and Bauer Family LLP - 6.25%. (Appellants Missouri River Royalty Corp. and Bauer Family LLP were referred to as "North American Successors.") North American Successors claim ownership through North American and initiated this action against Brokaw to quiet title in the minerals. Missouri River Royalty Corporation and Bauer Family LLP appeal a district court's order granting summary judgment to the defendants, most of whom are members of the Brokaw family (collectively "Brokaw"). On cross motions for summary judgment, the district court quieted title to certain minerals in favor of Brokaw. The Supreme Court affirmed the district court except to the extent the district court vested title in North American. As to that, the Supreme Court reversed the denial of the motion to correct judgment and remand for entry of a corrected judgment vesting title of the one half-interest not held by Brokaw only in North American Royalties Inc.'s successors in interest. View "Black Stone Minerals Co. v. Brokaw" on Justia Law

Charles Robinson, Paul Robinson, and William Robinson appealed an amended judgment granting summary judgment in favor of THR Minerals, LLC, and deciding ownership of mineral and royalty interests in certain property. The Supreme Court concluded the assignment of royalty at issue was unambiguous, and the district court did not err as a matter of law in construing the assignment to decide the ownership of the subject mineral and royalty interests between the parties. View "THR Minerals, LLC. v. Robinson" on Justia Law

Nandan, LLP appealed the grant of summary judgment and an order denying its N.D.R.Civ.P. 60(b) motion for relief from judgment, ruling that road and utility repairs were incidental to the repair of a water and sewer system damaged by a landslide in Fargo, and that the City of Fargo was therefore not required to pass a resolution of necessity to create an improvement district to fund the repairs. In 2012, a landslide occurred along 32nd Street North in Fargo near where Nandan and Border States Paving, Inc., owned property. The landslide damaged a water main and storm sewer; the street; and Drain No. 10, which was owned, operated, and maintained by the Southeast Cass Water Resource District. The road and adjacent water and sewer lines were owned by Fargo. Fargo created an improvement district to fund repairs to the drain, water main, and sanitary sewer systems on a portion of the drain without adopting a resolution of necessity. Fargo later entered into a joint powers agreement with the District which set forth the parties' obligations for the repairs. The district court granted Fargo's N.D.R.Civ.P. 12(b)(6) motion to dismiss for failure to state a claim upon which relief could be granted, concluding Nandan and Border States had no right to protest under N.D.C.C. 40-22-06 because the city let the bids for project construction, or under N.D.C.C. 40-22-15 because the project constituted a water or sewer improvement for which a resolution of necessity was not required. Finding that Nandan failed to raise a genuine issue of material fact precluding summary judgment, the North Dakota Supreme Court affirmed. View "Nandan, LLP v. City of Fargo" on Justia Law

Ronnie Nelson owned a surface estate in Burke County who sought to use the mineral lapse statutes to obtain the mineral rights associated with the surface estate. Nelson published a notice of lapse of mineral interest against McAlester Fuel Company ("McAlester") for three consecutive weeks. Nelson filed an action to quiet title on 108 mineral acres in Burke County, a notice of no personal claim, and a sheriff's return in district court. Before filing his action to quiet title, Nelson also mailed a notice of claim and attempted to personally serve McAlester. The address to which Nelson mailed notice of claim appeared on a mineral deed dated March 6, 1958. McAlester filed no statement of claim within 60 days after Nelson published the notice of lapse. Nelson's complaint alleged he had substantially complied with the statutory procedure for claiming abandoned minerals. Nelson moved for entry of default judgment, and based upon what was provided to the district court and the fact McAlester did not file a statement of claim, the district court found McAlester had failed to use the mineral interests. The district court entered a default judgment on February 3, 2009. In 2015, McAlester filed a motion to vacate the default judgment. The district court concluded the judgment against McAlester was void and entered an order vacating the judgment quieting title. In its order to vacate, the district court determined Nelson failed to comply with the notice requirements of the statutory procedure for claiming abandoned minerals. McAlester moved to dismiss Nelson's action to quiet title for failure to state a claim and judgment on the pleadings. Nelson opposed the motion. Ultimately, the district court granted McAlester's motion to dismiss Nelson's quiet title action. On appeal, Nelson argued the district court erred because it concluded the abandoned mineral statute "requires a surface owner to conduct a reasonable inquiry to find a mineral owner's current address, even when an address appears of record." The Supreme Court found that this was not the basis for the district court's decision: the district court stated Nelson's mailing was not "reasonably certain" to reach McAlester. However, the district court then stated, "[a]llowing a claimant to pick any address from the record would encourage the claimant to always mail notice to the oldest address in the record in hopes that the address is stale, and that the notice would therefore not reach the intended target." The Supreme Court agreed with the district court that Nelson failed to comply with the statutory notice procedure, and affirmed its judgment. View "Nelson v. McAlester Fuel Company" on Justia Law

James Broten, individually, and as personal representative of the estate of Olaf Broten, appealed a second amended judgment denying him restitution for payments he made to his parents during their lifetimes. In 1979, Broten and his parents Helen and Olaf Broten executed a contract for deed to purchase approximately 480 acres of farmland. Broten agreed to purchase the farmland for $200,000 plus six percent annual interest through 2006. After his father's death in 1998, Broten, as personal representative of the estate, conveyed the farmland to himself with his mother receiving a life estate. After Broten's mother died in 2010, his sisters, as personal co-representatives of the estate, sued Broten alleging he breached his fiduciary duties by transferring the farmland to himself after his father's death. At trial in 2013, Broten testified that under an oral modification to the contract, he agreed to pay his parents' living expenses for the rest of their lives in addition to the $12,000 annual interest payment in exchange for the farmland. After trial the district court found the parties mutually agreed to abandon the terms of the written contract for deed. The court also found Broten did not prove the oral modification to the contract and breached his fiduciary duties to his father's estate by transferring the farmland to himself. The Supreme Court affirmed the judgment finding a breach of fiduciary duty and award of damages, but remanded to the district court to decide whether Broten was entitled to compensation for improvements he made to the farmland or for payments he made to his parents or on their behalf. The district court entered a second amended judgment reducing the amount Broten owed by $20,000 for improvements he made to the property. The court did not award Broten restitution for the payments he made to his parents or on their behalf. The court concluded Broten benefited from the relationship with his parents and failed to prove his parents were unjustly enriched by the payments he made to them or on their behalf. After review, the Supreme Court affirmed the judgment finding Broten breached his fiduciary duty, and to pay plaintiffs $103,054 as compensation for his use of the land from June 16, 2010, through December 31, 2013, including interest. The Court also affirmed the judgment holding the reduction of the land value by $20,000 for improvements to the land. The Court reversed the judgment holding Broten was not entitled to any restitution, and remanded for entry of judgment requiring Broten to pay to plaintiffs $1,197,000 for the value of the land as of December 31, 2013, reduced by $191,789.40 for restitution and $20,000 for improvements. View "Broten v. Broten" on Justia Law

Justin Beckstrand and James Beckstrand, through his surviving spouse, Cynthia, appealed a judgment awarding $164,202.40 in 2015 farm rental payments to Julie Beckstrand, the personal representative of John Beckstrand's estate. The Supreme Court found that because the district court's findings were inadequate to explain the basis for its equitable decision to award the farm rental payments to Julie Beckstrand, it reversed and remanded for the court to explain the rationale for its decision. View "Beckstrand v. Beckstrand" on Justia Law

Kevin and Lynn Klein appealed a judgment dismissing their claims and quieting title to certain real property in Gregory Sletto. The Supreme Court affirmed, concluding the district court did not err in granting summary judgment because the Kleins failed to present any evidence supporting their claims about the existence of a valid contract. View "Klein v. Sletto" on Justia Law

XTO Energy, Inc., appealed and Darwin and Jean Krenz cross-appealed a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipeline on the Krenzes' land and use of their private road was a trespass. After review of this matter, the North Dakota Supreme Court concluded an April 2007 pipeline easement was ambiguous and the court erred in construing the easement as a matter of law. The Court therefore reversed the trial court's decision construing the pipeline easement and awarding the Krenzes $800,000 for the pipeline trespass and the court's decision requiring the parties to abide by their unexecuted negotiations involving their future relationship. View "Krenz v. XTO Energy, Inc." on Justia Law

Rick Snider and Janan Snider, doing business as RJ Snider Construction ("Snider"), appealed the grant of summary judgment, forfeiting a construction lien against the property that formerly housed the Dickinson Elks Lodge later owned by private investors, the Dickinson Elks Building, LLC ("DEB"), and prohibiting Snider from recording additional liens against the property without performing additional work. The North Dakota Supreme Court was not convinced that perfecting a lien amounted to creating a lien, as argued by the Sniders. As such, the Court concluded that when a Court declares a lien is deemed forfeited or satisfied, the right to the lien for the construction services or materials provided is deemed forfeited, not just the document recording the lien and establishing its priority. The district court correctly interpreted N.D.C.C. 35-27-25 in concluding the statute barred Snider from recording another construction lien against DEB's property for the same work. The district court also correctly concluded Snider forfeited its construction lien created and attached as a matter of law under N.D.C.C. sections 35-27-02 and 35-27-03 when it failed to comply with DEB's demand to enforce the lien. View "Snider v. Dickinson Elks Building, LLC" on Justia Law