Walters

I.

INTRODUCTION

The case involves a dispute over the ownership of certain real property (the Property) between appellant Scott Walters (Scott), as the administrator of the estate of his father, Randy Walters (Randy), and Randy’s former girlfriend, respondent Valerie A. Boosinger. A 2003 deed named Randy and Boosinger as owners in joint tenancy of the Property. Upon Randy’s death in 2013, Boosinger claimed sole ownership of the Property as the surviving joint tenant. Scott brought a quiet title claim premised on the theory that the grant deed was void ah initio. We reject Scott’s claim on appeal that such a claim may be brought “at any time.” We conclude that the claim is subject to a statute of limitation and that Scott has failed to demonstrate that the trial court erred in concluding that his quiet title cause of action is time-barred.

Scott also contends that he properly stated a claim for quiet title premised on the alternative theory that Randy and Boosinger severed their joint tenancy in the Property prior to Randy’s death. We conclude that Scott failed to sufficiently allege facts demonstrating such severance and that he has not demonstrated that he could amend…