Justia Real Estate & Property Law Opinion Summaries

Several landowners whose land abuts navigable waters appealed the grant of summary judgments in favor of the State. The judgment held that the State owned the mineral interests under the land in the shore zone. Upon review of the dispute, the Supreme Court concluded that indeed the State owned the mineral interests under the shore zone of navigable waters since becoming a State in 1889 under the equal footing doctrine, and that N.D. Const. art. X, sec. 18, precludes construing the language now codified in N.D.C.C. 47-01-15 as a gift of the State's mineral interests under the shore zone to the upland owners. "If the chain of title reflects the State granted its equal footing interests to upland owners, those upland owners take to the low watermark, subject to the public trust doctrine and except where the deed provides otherwise. If the State is not in the chain of title for the upland owner's property, the anti-gift clause precludes construing N.D.C.C. 47-01-15 as a gift of the State's equal footing interests to upland owners." View "Reep v. North Dakota" on Justia Law

Eugene and Charlene Guthmiller appealed a district court judgment finding an option agreement should have been honored, allowing Guthmiller Farms, LLP and Jeremy Guthmiller to each purchase by contract for deed an undivided one-half interest in specified lands. The Guthmillers argued on appeal: (1) that Guthmiller Farms did not have standing to pursue the action; (2) that consideration was invalid for the option contract; (3) that exercise of the option constituted a counteroffer; and (4) that the district court erred in considering evidence not disclosed prior to the hearing. Finding no error, the Supreme Court affirmed. View "Guthmiller Farms v. Guthmiller" on Justia Law

Patrick Wagner appealed the grant of summary judgment that held as a matter of law that his property was burdened by either an express or an implied roadway easement, and that dismissed his claims for injunctive relief and damages against Crossland Construction Company, Inc., Baker Hughes Oilfield Operations, Inc., M & K Hotshot & Trucking, Inc., and Titan Specialties, Ltd. Upon review of the matter, the Supreme Court concluded that, as a matter of law, the language in the warranty deed at issue in this case did not create or reserve an express easement. Furthermore, the Court concluded genuine issues of material fact precluded the district court from resolving whether an implied easement exists. Accordingly, the Court reversed and remanded the case for further proceedings. View "Wagner v. Crossland Construction Company, Inc." on Justia Law

Earl and Harold Van Sickle appealed, and Hallmark & Associates, Inc., Frank Celeste, William R. Austin, Phoenix Energy, Bobby Lankford, and Earskine Williams, and Missouri Breaks, LLC, cross-appealed an amended judgment that held Missouri Breaks liable to the Van Sickles for unpaid pre-bankruptcy confirmation royalties and awarding the Van Sickles interest and attorney's fees. Upon careful consideration of the trial court record, the Supreme Court concluded the court did not err in holding Missouri Breaks liable under state law for pre-bankruptcy confirmation royalties owed to the Van Sickles. Furthermore, the Court concluded the district court did not abuse its discretion in awarding the Van Sickles attorney's fees and did not err in awarding them simple interest under the statute. View "Van Sickle v. Hallmark & Assoc., Inc." on Justia Law

Greggory Tank appealed a judgment quieting title to certain McKenzie County oil, gas and mineral interests in Debbora Rolla, the personal representative of the estate of George Tank. Because the district court did not err in ruling the challenged quitclaim deeds reserved mineral interests in George Tank and reserved in him a life estate in the surface only, the Supreme Court affirmed. View "Rolla v. Tank" on Justia Law

This appeal arose from a quiet title action for mineral interests. Defendants-Appellants (Lyngstads) appealed the grant of summary judgment quieting title in the Plaintiffs-Appellees (Hallins) to a 2/3 interest of an undivided 3/4 interest in minerals in land in Mountrail County. After careful review of the trial court record, the Supreme Court affirmed, concluding the legal effect of a 1960 warranty deed's plain language, excepting and expressly reserving "unto the Grantors [Lyngstads]" an "undivided 3/4 interest" in the minerals, did not alter their proportion of ownership existing before execution of the 1960 deed. View "Hallin v. Lyngstad" on Justia Law

Elden and Rita Linderkamp appealed a judgment that required Elden Linderkamp to pay Four Season's Healthcare Center, Inc. for nursing home care provided to his parents, invalidating a contract for deed and warranty deed conveying land from the parents to the Linderkamps, authorizing the parents' personal representative to administer the land in the probate of the parents' estates, and allowing the Linderkamps a net claim against the parents' estates. Upon review, the Supreme Court held the district court did not clearly err in finding there was no credible evidence of a claimed oral agreement for Earl Linderkamp to compensate Elden for improvements to the land as part of the consideration for the contract for deed and warranty deed and did not clearly err in finding there was no credible evidence to support Elden's claim he made improvements to the land as part of the consideration for the deeds. Furthermore, the Court concluded the district court erred in declining to rule on an issue about all of the children's liability for their parents' nursing home debt under N.D.C.C. 14-09-10. The case was remanded for further proceedings. View "Four Seasons Healthcare Center, Inc. v. Linderkamp" on Justia Law

Nancy Finkle appealed an order and judgment quieting title to 1/2 of the mineral interests in certain real property in Mountrail County in Leslie D. Johnson, Carol Johnson, Merlyn H. Johnson, Thea Donna D. Johnson, Delores Albertson and their children. Finkle claimed she owned 1/4 of the mineral interests. The district court held Finkle did not have an interest in the minerals. Finding no error, the Supreme Court affirmed. View "Johnson v. Finkle" on Justia Law

Steven Johnson appealed an order compelling discovery of his federal income tax returns, and a judgment canceling a contract for deed and dismissing his action for specific performance against Sandra Mark, individually and as personal representative of the estate of Jeanne Johnson, and Stuart Johnson and Scott Johnson. Upon review of the matter, the Supreme Court concluded the district court did not abuse its discretion in compelling discovery, in canceling the contract for deed, and in dismissing the action for specific performance. View "Johnson v. Mark" on Justia Law

Defendants-Appellants Leonard and Ione Smith appealed the denial of their motion for supplemental findings or reconsideration following a trial court's granting of Plaintiff-Appellee Alliance Pipeline's petition to enter their land for examinations and surveys. Alliance entered the Smiths' land to survey for federal approval to construct a natural gas pipeline. Upon review of the matter, the Supreme Court concluded the district court did not abuse its discretion in denying the Smiths' motion. View "Alliance Pipeline L.P. v. Smith" on Justia Law