Robert Fadem Mary O. Fadem v. United States

OVERVIEW

Robert and Mary Fadem (the Fadems) filed suit under the Quiet Title Act (QTA), 28 U.S.C. § 2409a, challenging the United States’ claim to real property in San Diego County, California. They appeal the district court’s dismissal of the case which held that the Fadems’ claim was time-barred; equitable tolling does not apply to the QTA; and the Fadems had notice of the “contours” of the Government’s claim. We reverse and remand, holding that the doctrine of equitable tolling applies to the QTA and that the “contours” doctrine is limited. Thus, depending on the facts as determined by the district court on remand, the Fadems may have a viable claim under the QTA.

FACTS AND PROCEDURAL BACKGROUND

The Fadems are the owners of a large tract of high desert land in San Diego County, California. This land is located in Section 9 of Township 13 South, Range 7 East, San Bernardino Meridian. The United States owns property in Section 10 which is adjacent to and east of the Fadems’ property. Thus, the boundary between the Fadems and the United States is the line between Sections 9 and 10, and its disputed location gave rise to this suit.

The Fadems allege they have always had a good…