North Dakota Supreme Court
Roth v. Meyer
June 18, 20252025 ND 116
Summary
The court held that the district court properly addressed adverse possession on remand but clearly erred in finding that Gary Meyer acquired title through adverse possession because the record did not contain clear and convincing evidence of hostile, exclusive possession, particularly in a family relationship. The court therefore directed that title be quieted in favor of the Meyer trustees and reversed related access relief. It affirmed the $52,500 restitution award because the evidence supported all elements of unjust enrichment despite the unenforceability of the oral loans.
Holding
- Adverse possession and quiet title. The district court properly considered adverse possession because the remand mandate expressly required findings concerning possession and whether it was adverse. However, the finding that Gary Meyer acquired title by adverse possession was clearly erroneous, and title must be quieted in favor of the Meyer trustees.
- Access-related terms in the judgment. The district court erred in granting relief concerning access to the subject property because the judgment lacked supporting findings and did not adequately identify whether it created an easement or imposed an injunction.
- Unjust enrichment. The district court properly ordered Gary Meyer to pay Mary Roth $52,500 in restitution for unjust enrichment.
Docket No. 20240324