Howard v. Kuntos Brief PDF

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Howard v. Kunto Court of Appeals of Washington (1970)

Facts: Upon performance of a survey, a row of summer homes discover that their deeds and occupancy are mismatched one lot over, towards the west. Kunto had recently gotten his deed, to what he thought was the property he resides, less than a year from this discovery. Moyer and Howard switched deeds, so that Moyer would have the rights to the property they had been residing on, which left Howard with the deed to Kuntos place of abode. The Howards took action to quiet title which was granted (and the Yearly’s which Howard was going to give half his land to when this was discovered). Kuntos appeals the granting of this remedy. Issues: (1) Is a claim of adverse possession defeated because the physical use of the premises is repatriated to summer occupancy? (2) May a person who received record title to tract A under the mistaken belief that he has title to tract B and subsequently occupies tract B, for the purpose of establishing title, use period of possession by his immediate predecessors to record title? Holding: (1) Yes, Seasonality is irrelevant in determining use. They made improvements to the land, and used it for it’s intended use, which is a summer home. Thus, they have Law of Surveying Boundaries dictates that as long as there is no severance in possession and the land is occupied during the period of time when it is capable for use, then there is sufficient continuity. (2) Yes, Privity requirements serve to require a reasonable connection between successors so as to raise their claim above that of a trespasser/wrongdoer, which occurs here. Judgement: Reversal of Trial Courts ruling, land goes to Kuntos....