ILNews

Woman’s claim for reformation of deed fails

Back to TopCommentsE-mailPrintBookmark and Share

A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.

The Indiana Court of Appeals upheld the grant of partial summary judgment for Kent and Marjorie Powelson on Betty Angel’s claims for reformation of a deed and adverse possession. In 1964, Kent Powelson’s grandmother executed a warranty deed transferring 73 acres, “more or less,” to Angel and her husband. The Angels were also granted an easement for roadway purposes. The remaining 7 acres, “more or less,” were conveyed to Kent Powelson’s father in the 1970s, who later conveyed it to the Powelsons. The Powelsons also had an easement to the roadway.

After the Powelsons allowed a cell phone company to put a tower on their property, Angel sued the Powelsons in 2010, claiming, among other things, that the legal description of the property boundaries in her 1964 deed should be reformed because she was misinformed by Kent Powelson’s grandmother as to how much land she was receiving. Angel claimed that she only received 71.6 acres. She also claimed that she established ownership to the roadway through adverse possession.

Vanderburgh Superior Judge Robert Tornatta granted partial summary judgment on these two claims, finding the doctrine of laches bars Angel’s claim for reformation of the deed. Tornatta also found that the claim for adverse possession failed because her use of the roadway was not exclusive or hostile.

The Court of Appeals affirmed in Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson, 82A04-1205-PL-292, pointing to how long Angel waited to file her claim for reformation of the deed and that the deed was recorded and a matter of public record. Her failure to give heed to the “more or less” language in the deed does not defeat the application of laches, the judges held. In addition, the Powelsons were prejudiced by her delay in bringing the claim because witnesses such as Kent Powelson’s grandmother and father were deceased.

The judges also upheld the grant of summary judgment to the Powelsons on Angel’s claim of adverse possession of the roadway because she couldn’t show the elements of control and intent. Both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT