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IN THE COURT OF APPEALS OF IOWA No. 9-739 / 08-1788 Filed December 17, 2009

MARK E. LYNCH and JANINE K. LYNCH, Plaintiffs/Counterclaim-Appellees, vs. BRITT A. LENNON and CHRISTINE I. LENNON, Defendants/Counterclaimants-Appellants. __________________________________________ BRITT A. LENNON and CHRISTINE I. LENNON, Cross-Petitioners-Appellants, vs. ROY F. PIERCE and DIANE L. PIERCE, Cross-Petition Defendants-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Webster County, Ronald H. Schechtman, Judge.

Britt and Christine Lennon appeal the district court's ruling finding the Lynches had established a boundary by acquiescence and declining to award damages to the Lennons from the Pierces, who sold them the property. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

2 Ernest Kersten, Fort Dodge, for appellants. Eric Eide, Fort Dodge, for appellees Mark and Janine Lynch. Monty L. Fisher, Fort Dodge, and Mark D. Fisher of Nidey Peterson Erdahl & Tindal, Cedar Rapids, for appellees Roy and Diane Pierce.

Considered by Vogel, P.J., Potterfield, J., and Miller, S.J.* Schechtman, S.J., takes no part.
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

3 POTTERFIELD, J. I. Background Facts and Proceedings In 2004, Mark and Janine Lynch acquired farmland, part of which lies adjacent to and south of land owned by Britt and Christine Lennon. The Lennons acquired their land in 2000 from Ray and Diane Pierce by general warranty deed. None of the parties to this action had their property lines surveyed at the time they purchased their property. However, in 2007, the Lennons commissioned a survey of their land, and they now dispute the location of the boundary between their property and the Lynches' property. On the southern portion of the Lennons' land, approximately fifty feet to the north of the boundary described in the Lennons' deed, lies a fence line. The fence line consists of old fence posts, some fence wire, which is mostly covered by a mound of dirt and weeds, and several mature trees. The Lynches have always farmed up to the fence line, as did their predecessors on the land. The Lynches believed the fence line was the northern boundary of their farmland. Britt Lennon testified that when he bought his land from the Pierces, he thought the fence line was the southern boundary of his land. However, the 2007 plat of survey prepared for the Lennons showed that the fence line was north of the legal boundary, adding about a fifty foot strip of land to the Lennons' property. After making this discovery, the Lennons placed wooden fence posts in concrete at the southern corners of their land as described by the survey. The Lynches removed these posts from what they considered to be their land and filed a petition for the court to establish the fence as the true boundary between the parties' land. The Lennons filed a cross-

4 petition, seeking damages from the Pierces for breach of warranty of title. At trial, the Pierces made a motion for reformation of their warranty deed to the Lennons. After trial, the district court found that the Lynches established their claim of acquiescence to the boundary line. The district court denied the motion for reformation because the matter was heard at law, not equity. The Lennons

appeal, arguing the district court erred in: (1) finding the Lynches established the parties' acquiescence to the purported boundary with competent evidence; and (2) dismissing their claim for damages from the Pierces. We grant the Pierces' petition for rehearing on the claim of reformation and attorney fees and substitute this opinion for the opinion filed on November 12, 2009. II. Standard of Review This case was tried as an action at law. Therefore, our review is for errors at law. Davis v. Hansen, 224 N.W.2d 4, 5 (Iowa 1974). The district court's findings of fact are binding if supported by substantial evidence. Id. III. Boundaries by Acquiescence The doctrine of boundaries by acquiescence states, "If it is found that the boundaries and corners alleged to have been recognized and acquiesced in for ten years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established." Iowa Code

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