Justia Real Estate & Property Law Opinion Summaries

Colleen Weflen, Marleen Weflen, Sharon Kruse, Catherine Harris, Norris Weflen, Windsor Bakken, LLC, Gulfport Energy Corp. and EOG Resources, Inc., appealed a district court judgment vacating a previous order granting Weflens' motion for summary judgment, granting Patricia Capps' motion for summary judgment and finding that the Weflens had no claim to a one-half mineral interest reserved by Ruth Nelson in 1975. Nelson conveyed real property in Mountrail County, to Olav and Rose Weflen, reserving to herself one-half of the minerals in the property. In 1979, Nelson executed a mineral deed conveying her mineral interest to Patricia Capps and Terrel Anderson. Nelson's deed was not recorded until 2009. Colleen Weflen, Marleen Weflen, Sharon Kruse, Catherine Harris and Norris Weflen were the current surface owners of the real property. In December 2005 and January 2006, the Weflens published a Notice of Lapse of Mineral Interest in the Mountrail County Promoter for three consecutive weeks. The notice of lapse was subsequently mailed by certified mail, return receipt requested, with restricted delivery to the two last known addresses of Nelson. The addresses were obtained from the 1975 warranty deed from Nelson to Olav and Rose Weflen and from an oil and gas lease dated 1973. The two notices sent by mail were returned undelivered. Nelson died in 1983. No Statement of Claim of Mineral Interest was filed by or on behalf of Nelson within sixty days after the first publication of the notice of lapse. Capps filed a statement of claim in2008. Capps brought suit to quiet title in the mineral interest in 2009. The district court granted Weflens' motion for summary judgment, quieting title of the disputed minerals in the Weflens. Subsequently, Gerald Wools, Penny Brink, Michael Lee, Melissa Kellor and Gwen Hassan ("Hassans") were joined as plaintiffs and then designated as defendants. Hassans claimed an interest to the minerals as heirs of Nelson. Weflens moved for summary judgment against Hassans. Capps requested the district court deny the motion and reconsider its prior order quieting title in Weflens. Upon reconsideration, the district court vacated its prior order granting Weflens' motion for summary judgment, granted Capps' motion for reconsideration and found as a matter of law Weflens had no claim to the one-half mineral interest. The district court entered a final judgment adjudicating fewer than all of the claims of the parties pursuant to N.D.R.Civ.P. 54(b), concluding, "Because the ancillary claims in this case depend[ed] upon final resolution of the dormant minerals dispute, the Court agrees there is no just reason to delay entry of judgment on the main claim." Upon review, the Supreme Court concluded that the district court inappropriately certified the summary judgment under N.D.R.Civ.P. 54(b), and the court abused its discretion in directing entry of a final judgment. The case was remanded for further proceedings. View "Capps v. Weflen" on Justia Law

William and Carla Trotter and Kevin and Cheryl Buehner appealed a judgment which declared "Trotter Road" a public road, and that awarded Ralph and Patricia Howard damages. Since 1984, the Howards have used Trotter Road to access their farmland. In 1986 or 1987, Gene Buehner built a dam along Trotter Road because the road had frequently been washed away by high water traveling through the ravine. In the fall of 2009, the road had become increasingly narrow due to high water. The width of the road made it impossible for the Howards to access their farmland with heavy farm equipment, which had previously not been a problem. Also in the fall of 2009, the Trotters erected steel poles across Trotter Road further preventing the Howards from accessing their farmland. In 2011, the Howards sued the Trotters and Buehners seeking injunctive relief and money damages. Upon review, the Supreme Court concluded that the trial court did not clearly err in finding Trotter Road was a public road, and in awarding the Howards damages. View "Howard v. Trotter" on Justia Law

In an action stemming from a failed sale of land from Greg and Shelly Schwab to Raymond Zajac, Zajac appealed the judgment entered after a jury awarded the Schwabs $4,000 on their slander of title claim against Zajac, after the district court ordered disbursement of Zajac's payment of $10,000 in earnest money to the Schwabs and after the court ordered Zajac to execute a document disclaiming any interest in the Schwabs' land. Zajac argued the district court erred in not admitting evidence at trial involving the Schwabs' attempt to cure a waterfowl easement on the land as an accommodation to complete the transaction, the court erred in not admitting evidence at trial of the present value of the Schwabs' land and denying him due process and a fair trial by taking over Zajac's self-represented case. Upon review, the Supreme Court affirmed the judgment and remanded the case to the district court to determine the Schwabs' attorney fees on appeal for their slander of title claim. View "Schwab v. Zajac" on Justia Law

Ronald Rowland appealed the grant of summary judgment that declared that 15 deeds executed in the 1950s covering certain Bowman County property conveyed royalty interests rather than mineral interests, and an order denying his motion to vacate the judgment. Because the deeds were ambiguous and reasonable differences of opinion existed as to the inferences drawn about the grantor's intent from the language of the deeds and the extrinsic evidence presented, the Supreme Court reversed the summary judgment and remanded for further proceedings. View "Hamilton v. Woll" on Justia Law

Paul Ehlen appealed a judgment that dismissed his action against John and LynnDee Melvin to enforce a purchase agreement, a judgment for costs, and an amended judgment. The matter stemmed from a property transaction between the parties from early 2011. Upon review of the matter, the Supreme Court affirmed, concluding the district court's finding the parties did not mutually consent to the purchase agreement was not clearly erroneous. View "Ehlen v. Melvin" on Justia Law

Richard Herring appealed a district court summary judgment dismissing his action against Lisbon Partners Credit Fund, Ltd. Partnership ("Lisbon Partners") and Five Star Services ("Five Star") for nuisance, negligence, and civil trespass. Herring owned a commercial building in Lisbon. The adjoining property, including an apartment building, was owned by Lisbon Partners and managed by Five Star. Branches from a large tree located on Lisbon Partners' property overhang onto Herring's property and brush against his building. For many years Herring trimmed back the branches and cleaned out the leaves, twigs, and debris that would fall from the encroaching branches and clog his downspouts and gutters. Herring claimed that the encroaching branches caused water and ice dams to build up on his roof, and eventually caused water damage to the roof, walls, and fascia of his building. Herring contended that, after he had the damages repaired, he requested compensation from Lisbon Partners and Five Star but they denied responsibility for the damages. Herring sued Lisbon Partners and Five Star for the cost of the repairs to his building, alleging Lisbon Partners and Five Star had committed civil trespass and negligence and had maintained a nuisance by breaching their duty to maintain and trim the tree so that it did not cause damage to his property. The district court granted Lisbon Partners and Five Star's motion for summary judgment dismissing Herring's claims, concluding Lisbon Partners and Five Star had no duty to trim or maintain the tree and Herring's remedy was limited to self-help. The Supreme Court reversed and remanded: "[a]lthough … we provide a framework for resolution of disputes arising from encroaching trees which authorizes judicial and self-help remedies, we stress that it is preferable for the parties to cooperate and agree on an amicable resolution to such disputes. Under the rule we adopt today, Lisbon Partners and Five Star, as the owners of the encroaching tree, are not liable for any damages caused merely by the tree dropping leaves, flowers, or fruit. Herring alleged damages caused by branches from the offending tree physically scraping against the building. If Herring [could] present evidence establishing damages caused by the intruding branches physically contacting the building, Lisbon Partners and Five Star would be liable for such damages under the 'Hawaii' rule." The case was remanded for a determination of whether there was a genuine issue of material fact to preclude summary judgment. View "Herring v. Lisbon Partners" on Justia Law

Wenco, a North Dakota limited partnership, appealed a judgment quieting title to certain Mountrail County royalty and mineral interests in EOG Resources, Inc. ("EOG"), and QEP Energy Company ("QEP"), and dismissing Wenco's claims for conversion and unjust enrichment against EOG and QEP. Upon review, the Supreme Court concluded that the district court did not err in ruling as a matter of law that Wenco's interest bore the entire burden of a prior royalty interest conveyance in the subject property, that EOG and QEP did not waive their rights to claim the prior royalty interest conveyance burdened only Wenco's interest, and consequently, that Wenco had no viable claims against EOG and QEP for conversion and unjust enrichment. View "Wenco v. EOG Resources, Inc." on Justia Law

Joe Waldock appealed the grant of summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson. Waldock argued the district court erred in deciding a 1954 administrator's deed from Edwardson's Estate to Waldock's predecessor in interest, Clark Van Horn, was equivalent to a quitclaim deed and in deciding the rule for interpreting mineral conveyances from "Duhig v. Peavy-Moore Co.," (144 S.W.2d 878 (Tex. 1940)), was not applicable to the administrator's deed. ThUpon review, the Supreme Court concluded the legal effect of the plain language of the administrator's deed conveyed 25 percent of the mineral interests to Waldock's predecessor in interest and reserved 25 percent of the mineral interests to Edwardson's Estate. Accordingly, the Court affirmed. View "Waldock v. Amber Harvest Corporation" on Justia Law

The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appealed the grant of summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols plaintiffs") to determine ownership of 1/2 of the mineral interests in a parcel of land in Mountrail County. The Goughnour defendants claimed they collectively owned 1/4 of the mineral interests in the land and the Nichols plaintiffs owned 1/4 of the mineral interests. The district court decided the Goughnour defendants collectively owned 1/9 of the mineral interests in the land and the Nichols plaintiffs owned 7/18 of the mineral interests. After review of the district court record, the Supreme Court affirmed. View "Nichols v. Goughnor" on Justia Law

David and Marjorie George appealed the grant of summary judgment which quieted title to gravel, clay, and scoria in a quarter section of land in McKenzie County in Rosalie Veeder. Upon review, the Supreme Court concluded the district court did not err in granting summary judgment quieting title in Veeder and in denying the Georges' motion to amend their complaint to seek reformation. View "George v. Veeder" on Justia Law