Rowe v. Klein

In 2008, Jeffrey and Rebecca Rowe (collectively, Rowe) (plaintiffs) purchased lot four from Trent and Melissa Adams (collectively, Adams) (defendants). Adams conveyed a statutory warranty deed to Rowe, which included the warranties of seisin, of the right to convey, of quiet enjoyment, against encumbrances, and to defend grantee’s title. Joel Klein (defendant) owned adjacent lot three. At the time of Rowe’s purchase, Klein’s greenhouse extended over the property line between lots three and four. Also, Klein had a parking strip adjacent to lot four, and vehicles parked on the strip often encroached onto lot four. Klein also maintained the lawn and a leach field on lot four in the area closest to his property line. In 2010, Rowe had their lot surveyed, which showed that Klein’s greenhouse and vehicles encroached onto lot four. When Rowe sought to terrace the boundary between the lots, Klein objected, asserting that he maintained the northern 10 feet of lot four as his own since 1974. In 2014, Rowe filed a quiet-title and ejectment action against Klein. Klein filed an adverse-possession counterclaim. The trial court found that Klein had a valid adverse-possession claim and quieted title to the disputed area in Klein. Rowe sought to invoke the warranty to defend from Adams. After Adams failed to respond, Rowe filed a third-party complaint against Adams, claiming that Adams breached the warranties of seisin, against encumbrances, of quiet possession, and to defend. Rowe filed the complaint against Adams six years and three months after Rowe purchased lot four. Adams moved to dismiss Rowe’s complaint as time barred. The trial court denied the motion. Adams appealed.