Property Law Keyed to Cribbet
Howard v. Kunto
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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The Appellants had a deed to land that described a 50-foot wide parcel on the shore of Hood Canal. The error before the court is the 50-foot parcel of land occupied by the Appellants is not the parcel of land described in the deed, rather, the Appellants’ house stood on one lot and his deed described the adjacent lot. This error in the deed likely occurred over twenty years prior, with the Appellants predecessors to the land. The Respondents, whose deed stated they owned the land upon which Appellants’ house stood, commenced an action to quiet title. The trial court denied the Appellants’ claim of adverse possession, stating they failed show continuity of possession or estate to permit tacking of adverse possession from the predecessors. The trial court also found the Appellants’ possession not to be continuous as it only included summer possession.
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