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Property Keyed to Merrill
Carpenter v. Ruperto
Citation:
315 N.W.2d 782Facts
The plaintiff, Carpenter, and her husband moved in 1951 to a home they purchased in southeast Des Moines. Their lot had frontage of 40 feet and is 125 feet long. Their lot was bounded by a larger undeveloped lot to the north, owned at all material times by the defendant, Ruperto, and their predecessors. At the time Carpenter and her husband moved in, the lot to the north was a cornfield. In 1952, the corn was not planted as far south, so, concerned about rats, Carptenter and her husband cleared several feet of the property to the north and planted grass on it. From then on Carpenter used the land as an extension of her yard, using it as a garden, then installing a propane tank thirty feet north of her lot, and eventually constructed a driveway five feet north of her lot. The parcel to the north changed hands a few times, until 1978. At that time one of the defendant’s predecessors acquired the property, and was unsuccessful in resolving the boundary dispute with Carpenter. Subsequently, Carpenter sued claiming title by virtue of adverse possession.
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