Bradford Worrell and Nancy Worrell
v.
Lake Crest Manor Home Owners Association
Appellant
Bradford Worrell and Nancy Worrell
Appellee
Lake Crest Manor Home Owners Association
Attorney for the Appellant
Erek P. Sittig and Crystal K. Raiber
Attorney for the Appellee
Thomas E. Maxwell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge. AFFIRMED. Considered without oral argument by Badding, P.J., Langholz, J., and Carr, S.J. Opinion by Langholz, J. (13 pages)
Brad and Nancy Worrell appeal the district court’s judgment granting in part and denying in part their claim of adverse possession against Lake Crest Manor Home Owners Association. They argue that the court erred in refusing to find their claim established for an additional parcel of land because their use of the additional land was “factually the same” as the smaller parcel of land for which the court found they established adverse possession. OPINION HOLDS: Lake Crest Manor Home Owners Association does not cross-appeal. So whether the Worrells proved all the requirements for adverse possession for that smaller parcel is not before us. And we agree with the district court that the Worrells did not prove adverse possession for the additional parcel because the record lacks clear and positive proof that they had a good-faith claim of right to the land or that their use rose to the level of hostile, actual, open, exclusive, and continuous possession for ten years. We thus affirm the district court’s judgment.
