North Dakota Supreme Court
Roth v. Meyer
July 31, 20252025 ND 116
Summary
The court affirmed the $52,500 restitution award for unjust enrichment but reversed the judgment quieting title in the Roths and the related access relief. It held the record did not contain clear and convincing evidence of the hostile, exclusive, and objectively manifested possession required for adverse possession, particularly in a family setting. The case was remanded for further proceedings, including quieting title in favor of the Meyer trustees and addressing unresolved matters on the existing record.
Holding
- Adverse possession and quiet title. The district court properly considered adverse possession because the prior remand expressly required findings on possession and whether it was adverse, but its finding that Gary Meyer acquired title by adverse possession was clearly erroneous. The record did not establish by clear and convincing evidence, with the required special rigor applicable to a family-member claim, hostile and exclusive acts that objectively communicated an adverse claim to the true owner. Title must therefore be quieted in favor of the Meyer trustees.
- Access-related terms in the judgment. The access-related relief included in the second amended judgment could not stand and was reversed. The judgment did not adequately establish whether the language created an easement or an injunction, lacked necessary factual findings, and, if an easement was intended, did not sufficiently describe the affected area.
- Unjust enrichment. The district court properly ordered Gary Meyer to pay Mary Roth $52,500 in restitution for unjust enrichment.
Docket 20240324