H.B.I. Const., Inc. v. Graviett, 67251

• Decision Date: 01 August 1995
• Docket Number: No. 67251,67251
• Citation: H.B.I. Const., Inc. v. Graviett, 903 S.W.2d 653 (Mo. App. 1995)
• Parties: H.B.I. CONSTRUCTION, INC., Plaintiff/Appellant, v. David GRAVIETT, Defendants/Respondents.
• Court: Missouri Court of Appeals

Page 653

903 S.W.2d 653

H.B.I. CONSTRUCTION, INC., Plaintiff/Appellant, v. David GRAVIETT, Defendants/Respondents.

No. 67251.

Missouri Court of Appeals,

Eastern District,

Northern Division.

Aug. 1, 1995.

Leslie Ann Yoffie, St. Charles, Ellsworth Cundiff Jr., St. Charles, for appellant.

Dan Dildine, Troy, Scott C. Harper, Clayton, for respondents.

WHITE, Judge.

H.B.I. Construction, Inc. (Buyer) appeals from the judgment entered by the trial court dismissing all counts of Buyer's petition and finding for respondents (Trustees) on their counterclaim.

On June 12, 1992, Buyer purchased property in a subdivision, Emerald Green Estates (Subdivision). Emerald Green Investment Corporation, Inc. (Seller) referred to the property in the recorded General Warranty Deed as "lots, tracts or parcels of land." The land was described by "metes and bounds" and contained no specific reference to "lot" numbers.

A plat has never been recorded for the subdivision. The Restriction Indenture (Indenture), Dedication Agreement, Well and Road Easements were filed with the County Recorder's Office (County).

In 1992 and 1993, the Emerald Green Home Owner's Association (Association) levied assessments against Buyer in accordance with the Indenture. Buyer failed to pay annual assessments of $2,250. Association filed a lien against Buyer's property.

Buyer filed a petition for declaratory judgment and slander of title against Trustees as current or former Trustees of the Association. Trustees filed a counterclaim for the $2,250 in assessments.

This cause was submitted on a Stipulation of Facts (Stipulation) in which the parties agreed: the Indenture was recorded; Buyer's property is described in a recorded deed and is within or part of the property described in the Indenture; and Trustees filed liens against Buyer's property per the requirements of the Indenture. The trial court found from the writings and documents it was "most clearly inferable" the Indenture was intended to be binding upon all successors. The court dismissed Buyer's petition and entered judgment for Trustees on their counterclaim. Buyer appeals.

This court is required to sustain the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law or it erroneously applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). However, when the parties agree to submit a case upon a stipulation of facts not involving the resolution by the trial court of conflicting testimony, the only question before the court is whether the trial court drew the proper legal conclusions from the stipulated facts. State ex rel. Wolfhole, Inc. v. Scott, 880 S.W.2d 908, 909 (Mo.App.E.D.1994). When the parties at trial stipulate as to a fact in issue and the stipulation becomes part of the record, "it is binding upon the parties and the court in a subsequent trial of the same action provided the stipulation is not limited specifically to the initial proceeding." Howard v. Missouri State Bd. of Educ., 847 S.W.2d 187, 191 (Mo.App.S.D.1993).

In its sole point on appeal, Buyer asserts: 1) the assessments are invalid as they are levied by reference to "lots" when the land in question was never subdivided into "lots" on a recorded plat but rather, was described by "metes and bounds" in its deed; 2) the Indenture restricts the free use of its land; 3) application of the Indenture to its land would be by implication; and 4) the Indenture is inapplicable to its real property in accordance with § 89.450 RSMo 1986.

When a restriction is ambiguous, a court will inquire into the purpose the parties sought to accomplish and the surrounding circumstances. Paddock Forest Res. Ass'n. v. Ladue Serv. Corp., 613 S.W.2d 474, 477 (Mo.App.1981). To aid in the construction of an unambiguous restriction, it is improper to inquire into the surrounding circumstances. Id. Since the Indenture in the case at bar is not available for review, we cannot examine the entire document to determine if the term "lots" is ambiguous. The parties did, however, stipulate to certain material facts.

While Buyer alleges its property is not a "lot" or "lots" and bases its claim on this assertion, Buyer nevertheless used "lots" in the Stipulation when referring to its land. Stipulation 4 provides "defendants, as Trustees under the ... Indenture, have made assessments on nine lots at a rate of $250 each for 1992 and 1993." Stipulation 8 provides: "Plaintiff's deed includes lots 10-9, 10-A, 9-A, 15-A, 16-A, 17-A, 13-A, 19 and 25 of unrecorded plat of Emerald Green Estates." The parties further stipulated the Indenture expressly provided for assessments against "lots" in the subdivision. Buyer's deed also uses the term "lots, tracts or parcels of land" to refer to Buyer's property. As a result of using the term "lots" in the Stipulation when referring to its property and failing to challenge the use of the term in its deed, Buyer essentially acknowledges the term "lots" is a general term used to refer to parts of the land acquired by the June 12, 1992, deed, which, when taken as a whole, constitutes all land so acquired.

A "lot" of real property encompasses many types of parcels of land and has been defined as:

(a) an allotment or portion of land set aside for a special purpose; (b) a measured parcel of land having fixed boundaries and designated on a plot or survey; (c) a parcel of land in fact used for, intended for, or appropriated to a common purpose; (d) a small pasture; (e) cow pen; (f) parking lot; and (g) a motion picture studio and adjoining property.

Paddock Forest Res. Ass'n. v. Ladue Serv. Corp., 613 S.W.2d 474, 477 n. 3 (Mo.App.1981). On the other hand, "metes and bounds" are defined as terms of measurement used to draw boundary lines between parcels of real property. Black's Law Dictionary 991 (6th ed. 1990). Simply describing a parcel of land as a "lot" without providing a numerical description would prove ineffective for survey or conveyance purposes. The specific "metes and bounds" numerical description in the deed in no way affects the general "lot" description used in the Indenture because "metes and bounds" is a term of measurement which describes a parcel of property whereas "lots" is a general term which refers to a parcel of property.

Not only does Buyer erroneously dispute the meaning of the term "lots" and allege the Indenture's assessment provisions are invalid, Buyer expects to continue benefitting from the road and well easements without paying the assessments. Missouri law provides in § 442.390 RSMo 1986:

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