Justia Real Estate & Property Law Opinion Summaries

ND Energy Services, LLC, entered into a temporary layflat easement agreement with Kathleen Stroh, granting it the exclusive right to transfer freshwater via aboveground layflat hoses on Stroh's property. Lime Rock Resources III-A, L.P., and Herman Energy Services, LLC, subsequently placed layflat hoses on the same property to transport water for fracking operations. ND Energy sued Lime Rock for tortious interference with contract and willful trespass, seeking a permanent injunction.The District Court of Dunn County granted summary judgment in favor of Lime Rock, dismissing ND Energy's claims. The court found that the oil and gas leases, which Lime Rock had acquired, provided Lime Rock the right to use the property for oil and gas production, including the installation of layflat hoses. The court also concluded that ND Energy had notice of Lime Rock's rights due to a recorded memorandum of a surface use agreement and that Lime Rock's actions were justified.The Supreme Court of North Dakota affirmed the district court's decision. The court held that the leases granted Lime Rock the right to use layflat hoses on the property, as this use was necessary for oil and gas production. The court also determined that ND Energy was not a good-faith purchaser of the layflat easement because it had constructive notice of the surface use agreement through the recorded memorandum. Consequently, ND Energy's claims for tortious interference and a permanent injunction were dismissed, as Lime Rock's actions were justified under the leases. View "ND Energy Services, LLC v. Lime Rock Resources III-A" on Justia Law

Benjamin Nordquist appealed a judgment dismissing his petition for a writ of mandamus. The case involves a dispute over the recording of a quitclaim deed for a portion of land in Witzig’s Fifth Subdivision, Stutsman County, North Dakota. Diane and Duane Witzig originally owned the land, which was platted into three lots in 2014. Diane Witzig later conveyed these lots to Gannon Van Gilder and Levi Hintz. In 2022, Diane Witzig provided a quitclaim deed to Nordquist for a portion of the subdivision depicted as 6th Street SW on the plat map. Nordquist attempted to record this deed, but the Stutsman County Recorder refused, citing discrepancies in the property description and forwarded it to the Auditor.The District Court of Stutsman County denied Nordquist’s petition for a writ of mandamus, concluding that the quitclaim deed changed the current property description and thus required a certificate of transfer from the Auditor. The court also noted that the Auditor had discretion to request the land be replatted due to the irregularities in the property description and previous conveyances.The North Dakota Supreme Court reviewed the case and affirmed in part and reversed in part. The court agreed with the lower court that the quitclaim deed changed the current property description, necessitating a certificate of transfer from the Auditor. However, the Supreme Court found that the district court improperly determined that the 2018 and 2021 deeds conveyed the north 60 feet of Witzig’s Fifth Subdivision. The Supreme Court held that property ownership should be determined in a separate proceeding involving all relevant parties. The court affirmed the denial of Nordquist’s petition for a writ of mandamus, concluding that Nordquist had not demonstrated a clear legal right to compel the Auditor to issue the certificate of transfer. View "Nordquist v. Alonge" on Justia Law

The case involves a dispute between Mary Roth and Gary Meyer, who were in a relationship and cohabitated from 2002 to 2022. They shared a bank account and ran an intermingled cattle herd. The dispute arose over the ownership of a property and cattle, and the enforcement of oral loan agreements. The property in question was initially owned by Anthony and Jean Ehrmantrout, who transferred it to each other in 1994. After their deaths in 2001, the property was distributed to their grandchildren, Chet, Carlos, and Marty Meyer, as co-trustees of the Jean Ehrmantrout Residuary Trust. In 2004, Marty Meyer transferred his interest in the property to Gary Meyer. In 2010, Gary Meyer transferred his interest in the property to Mary Roth.The District Court found that Gary Meyer had gained ownership of the property through adverse possession and had valid title when he transferred it to Mary Roth in 2010. The court also found that Gary Meyer had converted 13 of Mary Roth's cattle and breached oral loan agreements with her, awarding her damages. Both parties appealed the decision.The North Dakota Supreme Court reversed the District Court's decision. The Supreme Court found that the District Court had erred in finding that Gary Meyer had gained ownership of the property through adverse possession. The Supreme Court also found that the District Court had erred in admitting certain evidence, in failing to determine when the alleged conversion of cattle began, in valuing the converted cattle, and in finding that Gary Meyer owed on loan contracts that were unenforceable under the statute of frauds. The case was remanded to the District Court for further proceedings. View "Roth v. Meyer" on Justia Law

The Ward family, who own extensive acreage in Bismarck, North Dakota, initiated a quiet title action against 152 adjacent landowners, including Dan and Lindsey Herbel, to determine adverse claims to their property. The Wards did not make any claims against the defendants personally but sought a decree that the defendants had no estate, interest, lien, or encumbrance upon their property. The Herbels moved to dismiss the action, arguing they were not proper defendants under chapter 32-17, N.D.C.C., as neither the Wards nor the Herbels claimed an adverse interest against the other’s property. The Herbels also sought recovery of attorney’s fees. The district court denied the motion despite finding the Wards were not aware if any of the named defendants were claiming title to any of the property. Following a bench trial, the court granted the judicial remedy of quiet title and a judgment dismissing the Herbels’ action was entered.The Herbels appealed to the Supreme Court of North Dakota, arguing that because neither party made an adverse claim against the other’s property, the Wards lacked standing to sue under section 32-17-01, N.D.C.C. The Supreme Court agreed, stating that the plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. The court found that the parties’ properties did not share a fence line or a common boundary without any intervening land, and a well-traveled roadway separated the properties. The Herbels never claimed an interest in the Wards’ real property, and the Wards never asserted there was an adverse interest between the parties. The court concluded that a direct suit against the Herbels was not authorized by N.D.C.C. § 32-17-01.The Herbels also argued that the district court abused its discretion when it denied their request for attorney’s fees. The Supreme Court agreed, stating that the district court has discretion to determine whether a claim is frivolous and to determine the reasonable amount of an award of attorney’s fees. The court remanded the case to determine if the claim was frivolous and, if it was, to determine attorney’s fees. The court affirmed the judgment dismissing the claims against the Herbels. View "Ward v. Herbel" on Justia Law

The case involves a dispute between Mary Roth and Gary Meyer, who were in a long-term relationship but never married. They cohabitated and ran a cattle operation together on a property that had a complex ownership history involving various members of Meyer's family. The couple's relationship ended, and Roth sued Meyer, alleging that he had converted some of her cattle and failed to repay loans she had given him.The District Court of Grant County, South Central Judicial District, found in favor of Roth. It ruled that Meyer had gained title to the disputed property through adverse possession and had transferred it to Roth in 2010. The court also found that Meyer had converted 13 of Roth's cattle and breached oral loan agreements with her, ordering him to pay her $52,500.On appeal, the Supreme Court of North Dakota reversed the lower court's decision. It found that the lower court had erred in its findings on adverse possession, the admissibility of certain evidence, the timing of the alleged conversion of cattle, the valuation of the converted cattle, and the enforceability of the loan contracts. The Supreme Court remanded the case to the lower court for further proceedings, instructing it to make new findings based on the existing record. View "Roth v. Meyer" on Justia Law

In North Dakota, Donavon Meuchel approached MR Properties LLC, a company with two members, Jessy Meyer and Nick Renner, to purchase the Golden West Shopping Center. Meuchel offered the asking price of $600,000. A real estate broker prepared a purchase agreement, but MR Properties did not sign any version of it. During negotiations, it was discovered that part of the shopping center encroached on a neighboring parcel of land owned by MKB LLP. Meuchel requested MR Properties to acquire additional land from MKB and include it in the purchase. However, negotiations broke down when MR Properties discovered that Meuchel had instructed a surveying company to modify the location of a previously agreed upon boundary line. MR Properties returned Meuchel’s earnest money, stating that an agreement could not be reached.The District Court of Morton County treated MR Properties' motion to dismiss as a motion for summary judgment. The court disregarded statements in Meuchel’s affidavit and struck a late-filed supplemental affidavit. The court concluded that Meuchel failed to meet his burden to show specific performance was necessary and granted summary judgment to MR Properties, dismissing Meuchel’s claim for specific performance.The Supreme Court of North Dakota affirmed the lower court's decision. The court found that the district court did not abuse its discretion in disregarding statements in an affidavit and in striking a late-filed supplemental affidavit. The court also concluded that the district court did not err in granting summary judgment to MR Properties. The court held that the record did not provide any "clear and unequivocal" evidence showing a meeting of the minds or mutual consent between the parties to establish an oral contract. Therefore, the court affirmed the judgment dismissing Meuchel’s claim for specific performance. View "Meuchel v. MR Properties" on Justia Law

The case involves SCS Carbon Transport LLC ("Summit") and a group of landowners. Summit plans to construct an interstate pipeline to transport carbon dioxide to sequestration sites in North Dakota and four other states. To determine the appropriate pipeline route, Summit needs to access the landowners' properties. However, the landowners denied Summit permission to enter their lands. Consequently, Summit filed lawsuits against the landowners, seeking a court order confirming its right under North Dakota law to enter the lands to conduct pre-condemnation surveys and examinations. The landowners counterclaimed, arguing that the statute authorizing entry is unconstitutional.The district courts granted summary judgment to Summit, concluding that the statute does not constitute an unconstitutional per se taking, Summit is a common carrier authorized to exercise eminent domain, and the proposed surveys and examinations are the type of minimally invasive surveys and examinations allowed under the statute. The courts confirmed Summit's right to enter the lands to complete civil, environmental, and archaeological/cultural surveys and examinations, including any necessary geotechnical/soil borings, archaeological/cultural resource surveys and examinations, and including any necessary core or water sampling activities subject to any conditions.The landowners appealed the judgments and order granting summary judgment, arguing that the statute is unconstitutional on its face and as applied to them under the Takings Clause of the Fifth Amendment and article I, § 16 of the North Dakota Constitution.The Supreme Court of North Dakota affirmed the lower courts' decisions. The court concluded that the landowners have not established a constitutional violation on the face of the entry statute or as applied to them, and the judgments and order do not exceed the scope of the entry statute. The court also found that the district court's judgment does not grant Summit an indefinite or perpetual right of access. The court held that a constitutionally permissible entry may not be longer or more invasive than necessary to complete the examination or survey needed to confirm and minimize the scope of the anticipated taking of private property. View "SCS Carbon Transport v. Malloy" on Justia Law

The case revolves around a dispute over oil and gas interests between Spottie, Inc., a Nevada corporation, and several other Nevada corporations and a limited liability company. Spottie alleged that the defendants had wrongfully claimed title to these interests, which were once owned by Edward Davis, who had formed Spottie as a holding company. The defendants countered that they had entered into an agreement with Davis to acquire these interests, and that Davis and Spottie had transferred the disputed interests to one of the defendants via an assignment in 2016.The district court dismissed several of Spottie's claims, leaving only a quiet title claim and a claim for unjust enrichment. After a three-day bench trial, the court ruled in favor of the defendants, finding that the assignment from Davis and Spottie to one of the defendants was valid. The court also found that Spottie had erroneously received revenue from the disputed interests and awarded damages to the defendants.Spottie appealed the decision, arguing that the district court had erred in its ownership determination, its rejection of Spottie's laches defense, its binding of a non-party to the judgment, and its award of attorney fees and costs. The Supreme Court of North Dakota affirmed in part, concluding that the district court did not err in its ownership determination and its award of attorney fees. However, it reversed in part, finding that the court had erred in awarding costs for non-legal expenses. The case was remanded for the court to recalculate its cost award and to consider the defendants' request for additional attorney fees and legal costs. View "SPOTTIE v. BAIUL-FARINA" on Justia Law

Whitetail Wave LLC, a Montana Limited Liability Company, sued XTO Energy, Inc., a Delaware corporation, the Board of University and School Lands of the State of North Dakota, the State of North Dakota, and the Department of Water Resources and its Director. Whitetail Wave claimed ownership of certain property in McKenzie County, North Dakota, and alleged that XTO Energy had breached their lease agreement by failing to make required royalty payments. Whitetail Wave also claimed that the State's assertion of an interest in the mineral interests associated with the property constituted an unconstitutional taking without just compensation.The District Court of McKenzie County granted summary judgment in favor of the State and XTO Energy. The court concluded that the State owned certain mineral interests within the ordinary high watermark as defined by North Dakota law. The court also found that XTO Energy was within the safe harbor provision provided by North Dakota law and did not breach the parties’ lease agreement when it withheld the royalty payments. The court awarded XTO Energy recovery of its attorney’s fees.On appeal, the Supreme Court of North Dakota affirmed the judgment of the district court. The Supreme Court found that the district court did not err in dismissing Whitetail Wave's claim of an unconstitutional taking against the State, as the State's actions were limited to a title dispute. The Supreme Court also found that the district court did not err in dismissing Whitetail Wave's claim against XTO Energy for the non-payment of royalties, as XTO Energy fell within the safe harbor provision of North Dakota law. Finally, the Supreme Court found that the district court did not err in awarding XTO Energy a recovery of its attorney’s fees as the prevailing party. View "Whitetail Wave v. XTO Energy" on Justia Law

In this case, the Supreme Court of North Dakota affirmed the lower court's ruling in favor of the North Dakota Industrial Commission (NDIC), acting through the North Dakota Housing Finance Agency (NDHFA), in a dispute over a lien on a property. The property in question was part of a housing development built by the Fendee Group, and was purchased by Carinne Gould, who obtained a mortgage through Guaranteed Rate, Inc., which was later assigned to the NDIC. After Gould defaulted on her payments, both the NDIC and Fendee filed liens on the property. Fendee argued that its liens were superior to the NDHFA's mortgage, but the court ruled that since the NDHFA's lien was perfected (or legally finalized) before Fendee's liens, the NDHFA held the superior lien. The court also rejected Fendee's claim of a "super lien," which would have given it priority over all other liens, and denied Fendee's request for attorney's fees. The court found that the dispute over the super lien was a question of first impression, meaning it was the first time such a question had come before the court, and therefore the appeal was not frivolous and did not warrant attorney’s fees. View "NDIC v. Gould" on Justia Law