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Case No. 23-0612

For summaries from opinions prior to August, 2018, view PDF versions here

Duke Carter
v.
Mike Fricke and Laura Fricke

Appellant

Duke Carter

Appellee

Mike Fricke and Laura Fricke

Attorney for the Appellant

S.P. DeVolder

Attorney for the Appellee

Bryan J. Goldsmith and Carly M. Schomaker

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0612
Date Published:
May 22, 2024
Summary

            Appeal from the Iowa District Court for Monroe County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Duke Carter appeals the district court’s ruling in a quiet-title action rejecting his claim of ownership of a disputed parcel of land by adverse possession.  OPINION HOLDS: Assuming Carter eventually did act as owner of the disputed land, we cannot find proof of ten straight years of qualifying conduct.  Nor do we find most of Carter’s use to be hostile, as the prior owners permitted Carter to store items on the lot, and Carter has failed to show any act or event that ripened his possession from permissive to hostile.  And so, because the law favors regular title and Carter has not shown clear and positive proof of hostile, continuous possession of Lot 3, we affirm the district court’s rejection of his adverse-possession claim.

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