Schoorl v. Guild Mortgage Co
Annotate this CaseIn 2015, the Plaintiffs filed this action seeking to quiet title in a strip of land that was 34.56 feet wide and 314.70 feet long. They alleged that they had satisfied the requirements for acquiring title to the property by adverse possession, which were set forth in Idaho Code section 5-210. At the time that the Plaintiffs went into possession of the strip of property, the required time for occupying adversely possessed property was five years. In 2006, an amendment to Idaho Code section 5-210 increased the statutory time period for adverse possession to twenty years. When that amendment became effective, the Plaintiffs had possessed the strip of land for four years and eight months. Guild Mortgage Company held a promissory note that was secured by a deed of trust in the strip of land; Mortgage Electronic Systems, Inc., was the trustee on the deed of trust; and Terry Lankford was the owner of the strip of land (collectively, Defendants). Defendants moved to dismiss the complaint on the ground that the 2006 amendment to Idaho Code section 5-210 applied, so the Plaintiffs had not possessed the property for the required statutory period. The district court agreed, and entered a judgment dismissing the complaint. Plaintiffs timely appealed. Finding no reversible error in the district court's dismissal, the Supreme Court affirmed.
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