Sacrison v. Evjene

The properties at issue were owned by Cole until 1954, when Cole sold an acre to Evjene’s grandparents. The Tripp Survey was recorded, but its description “does not close.” The Tripp Survey relied on the Tobacco River and a road to set the western, southern, and eastern boundaries. A fence constructed in 1950 may have anticipated the northern boundary. Evjene’s grandparents built a house. In 1988, Sacrisons acquired their property, to the north and west of the Evjene property. In 2005, Evjene replaced the 1950 fence and built a new house. Evjene commissioned the Cordi Survey, which relied upon monuments cited in the Tripp Survey, and the fence, but determined the western boundary ran through Evjene’s home, and that the correct boundary of Evjene’s property partially encroached into Sacrisons’ property. Evjene entered a boundary agreement with other neighbors, stipulating that the boundary line was the fence. Sacrisons did not agree and commissioned “the Block Survey,” which determined the boundary of the Sacrisons’ property partially overlapped Evjene’s property and placed a boundary line through Evjene’s house. Sacrisons sought declaratory judgment and quiet title. Evjene submitted an affidavit detailing his family’s statements about the fence. The district court entered summary judgment, holding that the fence should be declared an artificial monument denoting the boundary. The Montana Supreme Court reversed, reasoning that there were material questions of fact. Evjene’s affidavit constituted hearsay. To rely on a fence as the correct dividing line, the fence must be supported by testimony or parol evidence indicating the fence was built on the correct original line. View "Sacrison v. Evjene" on Justia Law