Larson, et al. v. Tonneson, et al.Annotate this Case
Jon Tonneson and Mary Issendorf, in her personal capacity and as personal representative of the estate of Vesper Shirley, (“defendants”) appealed a judgment quieting title to certain property in Teresa Larson, Janet Schelling, and Lynette Helgeson (“plaintiffs”). Plaintiffs and defendants were successors in interest to certain property at Lake Metigoshe in Bottineau County, North Dakota. The parties acquired their respective properties through their families beginning in the 1950s. In 2012, plaintiffs became aware of property boundary issues after a survey was conducted when plaintiffs were attempting to replace a mobile home on the property. At that time, plaintiffs also discovered a platted roadway ran through their property, though no such roadway existed on the property. Plaintiffs thereafter took steps to vacate the road. The North Dakota Supreme Court concluded the district court did not clearly err in finding Larson, Schelling, and Helgeson acquired the disputed property by adverse possession. Therefore, the Court affirmed the judgment, but remanded the case for entry of a corrected judgment.