MURDOCK v. ZIER

17 Citing cases

  1. Woodward v. Valvoda

    2021 WY 5 (Wyo. 2021)   Cited 9 times

    We "evaluate the record ‘from the viewpoint most favorable to the party opposing the motion for summary judgment, giving that party all the favorable inferences which may be drawn from the facts contained in affidavits, depositions, and other materials appearing in the record.’ " O'Hare , 2020 WY 31, ¶ 16, 458 P.3d at 1233 (quoting Murdock v. Zier , 2006 WY 80, ¶ 9, 137 P.3d 147, 150 (Wyo. 2006) ). [¶13] We review summary judgment claims for adverse possession with "more exacting scrutiny" because they "are inherently fact-intensive," viewing them in the same light, using the same materials, and following the same legal standards as the court below. O'Hare , 2020 WY 31, ¶¶ 16-17, 458 P.3d at 1233 (quoting Little Medicine Creek , 2019 WY 103, ¶ 15, 450 P.3d at 228 ).

  2. Graybill v. Lampman

    2014 WY 100 (Wyo. 2014)   Cited 22 times
    In Gray, the claimants had constructed a pond and recreational development that traversed the neighbor’s irrigation ditches.

    The test for adverse possession in a mistaken boundary case imposes shifting burdens upon the parties: Murdock v. Zier, 2006 WY 80, ¶ 10, 137 P.3d 147, 150 (Wyo.2006); Wyo. Stat. Ann. § 1–3–103 (LexisNexis 2013) (“An action for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within ten (10) years after the cause of such action accrues.”).

  3. Osuch v. Gunnels

    2017 WY 49 (Wyo. 2017)   Cited 5 times

    Possession must be for the statutory period of ten years. Murdock v. Zier , 2006 WY 80, ¶ 10, 137 P.3d 147, 150 (Wyo. 2006) ; Wyo. Stat. Ann. § 1-3-103 (LexisNexis 2013). The test for adverse possession imposes shifting burdens upon the parties:

  4. Sellers v. Claudson

    2024 WY 69 (Wyo. 2024)   Cited 4 times

    , the presumption should be, in the absence of explanatory circumstances showing the contrary, that he occupied the land adversely and under a claim of right, casting the burden of explaining such possession upon the person who disputes his right. Murdock v. Zier, 2006 WY 80, ¶ 15, 137 P.3d 147, 151 (Wyo. 2006) (quoting City of Rock Springs v. Sturm, 273 P. 908, 915-16 (Wyo. 1929)).

  5. Little Med. Creek Ranch, Inc. v. D'Elia

    527 P.3d 856 (Wyo. 2023)   Cited 3 times

    "Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully." Murdock v. Zier , 2006 WY 80, ¶ 10, 137 P.3d 147, 150 (Wyo. 2006). To meet the hostility requirement, the act or possession must demonstrate the claimant "unfurl[ed] his flag on the land, and ke[pt] it flying, so that the owner [could] see ... an enemy ... invaded his domains, and planted the standard of conquest."

  6. Little Med. Creek Ranch v. D'Elia

    2023 WY 30 (Wyo. 2023)   Cited 3 times

    "Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully." Murdock v. Zier, 2006 WY 80, ¶ 10, 137 P.3d 147, 150 (Wyo. 2006). To meet the hostility requirement, the act or possession must demonstrate the claimant "unfurl[ed] his flag on the land, and ke[pt] it flying, so that the owner [could] see . . . an enemy . . . invaded his domains, and planted the standard of conquest."

  7. Lyman v. Childs

    2023 WY 16 (Wyo. 2023)   Cited 13 times

    Additionally, "[i]t has long been established in Wyoming . . . that, color of title is not necessary when there is actual possession." Murdock v. Zier, 2006 WY 80, ¶ 18, 137 P.3d 147, 152 (Wyo. 2006) (citing Trefren v. Lewis, 852 P.2d 323, 325-26 (Wyo. 1993)).

  8. Kudar v. Morgan

    2022 WY 159 (Wyo. 2022)   Cited 8 times

    The Kudars assert that their reliance on the incorrectly located survey marker distinguishes this situation from other mistaken boundary cases. See Murdock v. Zier, 2006 WY 80, ¶ 15, 137 P.3d 147, 151 (Wyo. 2006) ("[W]hen a man has occupied . . . ground, though under a mistaken belief as to the true boundary, for the period prescribed by law, openly, notoriously, [and] exclusively, . . . the presumption . . ., in the absence of explanatory circumstances[, is] that he occupied the land adversely . . . ."). The Kudars claim that prior to the discovery of the actual boundary in 2016, the Kudars were "essentially defrauded . . . by a third party," therefore "adverse possession . . . ran from the 2016 discovery of the survey error," defeating the ten year statutory time frame for adverse possession.

  9. O'Hare v. Hulme

    2020 WY 31 (Wyo. 2020)   Cited 11 times
    Refusing to consider documents and testimony submitted after the district court made its decision because we cannot consider such documents on appeal

    Further, we evaluate the record "from the viewpoint most favorable to the party opposing the motion for summary judgment, giving that party all the favorable inferences which may be drawn from the facts contained in affidavits, depositions, and other materials appearing in the record." Murdock v. Zier , 2006 WY 80, ¶ 9, 137 P.3d 147, 150 (Wyo. 2006) (citing Ballinger v. Thompson , 2005 WY 101, ¶ 9, 118 P.3d 429, 433 (Wyo. 2005) ). "When, as here, we review a grant of summary judgment on an adverse possession claim, we apply the summary judgment standard with ‘more exacting scrutiny’ because adverse possession claims are inherently fact-intensive." Little Medicine Creek , 2019 WY 103, ¶ 15, 450 P.3d at 228 (quoting White , 2017 WY 146, ¶ 15, 406 P.3d at 1246 ).

  10. Galiher v. Johnson

    2018 WY 145 (Wyo. 2018)   Cited 16 times

    "Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully." Murdock v. Zier , 2006 WY 80, ¶ 10, 137 P.3d 147, 150 (Wyo. 2006). Further, the Johnsons must show they possessed the property in this manner for at least ten years.