Kubik v. Hauck
Annotate this CaseScott Kubik appealed a judgment quieting title in favor of Dominic Hauck on a property line dispute and denying his claim of acquiescence. Kubik and Hauck were adjacent landowners. A wire fence ran east and west near the property line. After a survey of his land, Hauck discovered the fence was several feet inside of his property. Hauck removed the original fence and built a new fence consistent with the property line identified by the survey. In 2020, Kubik sued Hauck to quiet title in the strip of land located on the south side of the original fence line (i.e., the land between the original fence line and the new fence line) under adverse possession and acquiescence, and for trespassing and damaging his property. Hauck counterclaimed to quiet title in the disputed property. After a bench trial, the district court quieted title in favor of Hauck based on the survey showing that he is the rightful owner and rejected Kubik’s claims of adverse possession, acquiescence, trespass, and damages. The North Dakota Supreme Court affirmed, concluding the district court did not clearly err in finding that Kubik failed to show by clear and convincing evidence that Hauck or his predecessors in interest recognized the original fence line as the property line.
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