DONALD EDWARD SCHOORL and SONIA LINN SCHOORL as Trustees of the DONALD AND SONIA SCHOORL TRUST u/t/a March 2, 2015, Plaintiffs-Appellants,
TERRY O. LANKFORD, an individual; GUILD MORTGAGE COMPANY, a California corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation; FIRST AMERICAN TITLE COMPANY, INC., a Florida Corporation, Defendants-Respondents.
Opinion No. 9
from the District Court of the Third Judicial District of the
State of Idaho, in and for Canyon County. Hon. George A.
Southworth, District Judge.
judgment of the district court is affirmed.
Rebecca A. Rainey, Fisher Rainey Hudson, Boise, argued for
Matthew C. Parks, Elam & Burke P.A., Boise, argued for
an appeal out of Canyon County from a judgment dismissing an
action for adverse possession on the ground that the
statutory amendment to Idaho Code section 5-210, which
increased the required period for adverse possession from
five to twenty years, applied to the Plaintiffs, who did not
have a cause of action at the time of the amendment. We
affirm the judgment of the district court.
September 22, 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 are 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. On July 1, 2006,
an amendment to Idaho Code section 5-210 increased the
statutory time period for adverse possession to twenty years.
Ch. 158, § 5, 2006 Idaho Sess. Laws 474, 475. When that
amendment became effective, the Plaintiffs had possessed the
strip of land for four years and eight months.
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 O. Lankford was the owner of the strip of land. They
will be collectively called Defendants. First American Title
Company disclaimed any interest in the strip of land.
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. The Plaintiffs
then timely appealed.
the 2006 Amendment to Idaho Code Section 5-210 ...