Supreme Builders, Inc. v. Redmiles

McWilliams, J., delivered the opinion of the Court. Five surveyors testified in this boundary line dispute. We have read their testimony and we have examined their surveys but we must confess, reluctantly to be sure, to an inability to understand fully why they are in such disagreement. The appellant’s statement of the facts sheds little light on the matter and the appellees have finessed the requirement of Maryland Rule 831 d 3 1 by simply repeating what appears in the opinion ⁴⁴⁸ of the trial judge, Mayfield, J. Since it is unlikely we could improve upon Judge Mayfield’s recital of the facts and since appellant’s version neither adds thereto nor subtracts therefrom, we shall quote from his opinion: “By agreement of counsel, the above entitled causes were consolidated for trial, although they will be treated separately in this opinion. “Both causes involve the location of the property lines of the lots owned by the respective complainants in an old platted subdivision located in Howard County and known as ‘North Laurel.’ A plat of the ‘Revised Map of North Laurel’ is recorded among the Land Records of Howard County in Liber J.H.O. No. 60, folio 642, a copy of that being filed in both causes as defendants’ Exhibit No. 3.

This plat indicates that the lots owned by the respective complainants have a width of fifty feet each, with an even depth of one hundred and fifty feet each. The recorded plat, however, does not show any metes, bounds, courses or distances. “Charles J. Campbell and Elsie E. Campbell, his wife, (the Campbells) acquired title to Lots 13 and 14 in Block 4 of North Laurel as shown on the recorded plat, by deed dated August 9, 1958, from Percy H. Duck and wife. Mr. Campbell testified that the boundaries of these two lots were marked when he and his wife acquired title, and that until the respondent, Supreme Builders, Inc. (Supreme) asserted a claim to twenty-three feet of the land which he considered to be his own, no one had made any prior claim to, or trespassed upon, these lots. The Campbells filed their bill of complaint against Supreme (Equity No. 6744) wherein they allege that Supreme acquired title to Lots 15, 16 and 17 of Block 4 in North Laurel on May 19, 1966, and notwithstanding that the boundary between Lots 14 and 15 was clearly delineated by a fence (which was erected in the month of July of 1966) Supreme had entered the complainants’ land, proceeded to demolish said fence and grade away the surface of ⁴⁴⁹ the earth, and threatened to build a house on or near complainants’ property.

Supreme answered said bill of complaint denying the material allegations thereof, and filed a counter-claim alleging its ownership of Lots 15, 16 and 17 in Block 4 of North Laurel, and that it had had said lots surveyed by a duly registered land surveyor and thereafter entered the land it claimed to own based on said survey. The Campbells claim a continuing trespass, and damages to their land by Supreme, and Supreme claims a continuing monetary loss caused by the Campbells. “Mr. Campbell testified that the fence on his land had been erected at a cost of $150.00, and that Supreme had dug a hole on his lots which would cost approximately $1200.00 to fill; that the dwelling on his lots was about ten years old and was located in the center of his one hundred feet, and that he had had the lots surveyed by Mr. Bowen approximately ten years ago and before he acquired title. He also testified that the lot immediately to the south of Lot 13 was unimproved, and that the next three lots immediately to the south, owned respectively by parties named Lilly, Dustin and Till, were all improved lots, and that if the boundary line of his lots was moved to the extent of twenty-three feet, the newly located line would be six feet from his dwelling. “John Raymond Redmiles and Amanda May Red-miles, his wife, (the Redmiles) filed their bill of complaint against Supreme, (Equity No. 6745) alleging ownership of Lots 23, 24 and 25 of Block 12 of North Laurel which they acquired by deed dated October 6, 1933, upon which they have for many years resided and have been in continuous possession, and the ownership by Supreme of Lots 26, 27, 28 and 29 of Block 12 of North Laurel, which it acquired by deed dated May 19, 1966, and notwithstanding that the boundary between Lots 23, 24 and 25 was clearly delineated by a fence (erected in July of 1966), Supreme had entered their land and proceeded to demolish said fence, ⁴⁵⁰ and threatened to build a house on or near the complainants’ property. Supreme answered said bill of complaint, denying the material allegations thereof, and filed a counter-claim alleging its acquisition on May 19, 1966 of Lots 26, 27, 28 and 29 in Block 12 of North Laurel, and that it had caused said lots to be surveyed by a registered surveyor, and that the complainants had used force and threats to keep Supreme off the complainants’ property.

The Redmiles claim a continuing trespass and damages for the invasion of their property and the destruction of their fence, which damages could be ascertained at law, and also claim a willful and malicious invasion of their property by Supreme, entitling the complainants to punitive damages, and Supreme claims a continuing monetary loss caused by the Redmiles. “Mrs. Redmiles testified that she and her husband had moved into the property during the month of September 1933, and have lived there ever since; that during the years of their residence they had planted shrubs and flowers and had maintained the same yard since 1933; that they had erected the fence during the summer of 1966 at a cost of $150.00, and in July of 1966, Supreme had removed the fence. She also testified that they had had their property surveyed in 1963 by a Mr. Howley and a Mr. Bowen at which time corner pipes had been placed. Mr. Redmiles testified that they had planted bushes next to the line of Lot 22 of Block 12 formerly owned by a Mr. Nichols, and there was testimony to the effect that the Redmiles had kept Lot 22 cleared over a period of years, although making no claims to any part of that lot. “A Mrs. Duck (the mother of Mrs. Campbell), testified that she had lived in this same area for 61 years, and that the prior owner of the Redmiles’ lots maintained a hedge along the full front of these lots prior to 1933. “A Mr. Lilly testified to the ownership of Lots 10 and 11 in Block 4 of North Laurel; that he had lived ⁴⁵¹ there twenty-six years, had owned these lots over twenty-seven years and had built on Lot 10 in 1940. “A Mr. Burley testified that he lived on Lot 42 and part of Lot 4 in Block 12 of North Laurel, and that he had known the Redmiles for a period of sixty-one years, and that he had known the Redmiles property for more than twenty years. “The whole difficulty in these two cases revolves around the unexplained disagreement between several surveyors and several surveys. At the request of the Court, counsel for the complainants, Redmiles and Campbell, supplied a copy of a deed from George W. Cissell, et al, to Job Barnard, dated September 10, 1891, and recorded among the Land Records of Howard County in Liber J.H.O. No. 57, folio 570, which describes by metes and bounds a portion of the property comprising North Laurel, and particularly that portion thereof which encloses the properties which are the subject of these causes.

The original subdivision plat of North Laurel is recorded among the Land Records of Howard County in Liber J.H.O. No. 60, folio 569. This latter plat does show courses and distances and said plat shows a stone located at a point which would be at the end of the third line of the description contained in the deed from Cissell to Barnard and which, when related to the Revised Map of North Laurel, would be located at the southeastern-most corner of Lot 26 of Block 4, and also shows a stone located at a point which would be at the end of the third line of the same description and which, when related to said Revised Map of North Laurel, would be located at the northeasternmost corner of Lot 51 of Block 6. “Mr. Bowen, a civil engineer and registered land surveyor for many years, (now retired) called as a witness by the complainants, testified that he had surveyed the Redmiles property, other properties located on Baltimore Avenue in North Laurel, and the Duck property (located in Block 5). He had located and ⁴⁵² used the stone located at the northeast corner of the subdivision and pipes west of said stone which he said had been set out by a surveyor named Cockey, now deceased. He had surveyed the Lilly and Dustin properties which said survey, he said, corresponded to 'use lines,’ and the line of use on the Redmiles property was consistent with the boundary he established.

He also surveyed the Burley property (Lot 42 and part of Lot 4 in Block 12). In surveying the Redmiles property he started from the Burley lot which he says he and Mr. Jeppeson (witness surveyor called by Supreme), agreed upon as to boundary lines and location. He also testified that he had used the same base reference stone (the stone located at the northeastern-most corner of the subdivision, which stone he says has now disappeared) in surveying the properties located in adjacent North Laurel Park subdivision; that he had worked in this area for seventeen years and that he never located any stone at the southeast corner of Lot 26 in Block 4 until this past summer. He also says that the location of Baltimore Avenue, as shown on the recorded plat, has been changed by usage at the point where Gorman Avenue and Baltimore Avenue intersect, and that the circle shown on the Revised Map of North Laurel at this point does not now exist. “Mr. Clark, a witness surveyor called by the complainants, testified that he had surveyed lots on the northeast side of Gorman Avenue, and in surveying Lots 4, 5, 6, 7, 8 and 9 in Block 4, he had found use lines and pipes approximately on what he considered to be the true boundary of the lots he was surveying, the pipes having been located along the back boundaries of those lots. “Mr. Ward, an officer of Supreme, testified that his company desired the re-subdivision of Lots 26, 27, 28 and 29 in Block 12 so that the inner lines thereof would be changed to provide wider lots, making three lots out of the former four lots; that Supreme had ⁴⁵³ caused all their lots to he surveyed by Messrs.

Townsend and Jeppeson at the time of its purchase, and upon receiving the results of their work, had consulted the complainants, obviously in an effort to convince them of the correctness of the survey by Townsend and Jeppeson. Upon learning of the complainant’s disagreement with Supreme’s contention and wishing to be sure of the correctness of the Townsend and Jeppeson surveys, employed a Mr. Helm, a registered land surveyor for twenty years. Mr. Helm testified that his survey of Supreme’s properties in this area was made independently of any work done by Townsend and Jeppeson. He said his survey party located a number of physical markers on the north line of Block 6, and also at the northeast corner of Block 6, a stone at the eastern extremities of