Brainerd v. Dickinson

231 S.E.2d 710, 217 Va. 637, 1977 Va. LEXIS 213
CourtSupreme Court of Virginia
DecidedJanuary 14, 1977
DocketRecord No. 751493
StatusPublished
Cited by1 cases

This text of 231 S.E.2d 710 (Brainerd v. Dickinson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brainerd v. Dickinson, 231 S.E.2d 710, 217 Va. 637, 1977 Va. LEXIS 213 (Va. 1977).

Opinion

Popp, J.,

delivered the opinion of the court.

The dispute underlying this appeal grew out of an engineer’s mistake in the preparation of a plat depicting a subdivision of 2.8 [638]*638acres of land lying between Lake Shore Drive and Crystal Lake in Virginia Beach and owned by Mr. and Mrs. John Joseph Baecher.

A 1964 survey divided the tract into three lots, approximately equal in size, with the eastern boundaries fronting on the western shore of the lake. The survey was accurately marked on the ground with pins and colored streamers. The courses and distances stated on the plat, which was recorded on October 1, 1964, corresponded accurately with the survey, but the lines drawn on the plat were not true to scale and pictorially distorted both the courses and distances. The effect of the pictorial error was to portray both Site A on the north and Site C on the south as having more water frontage and greater areas than fixed by the survey, and to portray the intervening lot, Site B, as smaller with less water frontage. The survey and monuments on the ground gave Site B 110 feet of water frontage, with the lot extending approximately that width in a westerly direction from the water’s edge a distance of 135 feet to a point where it became substantially wider. But by reason of the pictorial error, Site B appeared on the plat to have a water frontage of 77 feet. Current zoning ordinances established a building setback line of 20 feet on the side lines of the lot.

In the fall of 1965, appellant Dean Alan Brainerd expressed an interest in purchasing Site B but was told that the Baechers wanted to sell all three lots together. Brainerd contacted J. Richard Gormly and appellees William A. Dickinson and Mary B. Dickinson as potential purchasers of the other two lots. After considering the respective evaluations of the three lots suggested by Baecher and examining the recorded plat, Brainerd, Gormly, and Dickinson went upon the property and observed the pins and streamers. After the view, they agreed to adjust Baecher’s evaluation by increasing the values of Site B and Site C and correspondingly reducing the value of Site A. The sales contract executed December 16,1965 fixed the value of Site B at 32.46% of the purchase price, the value of Site A at 33.33%, and the value of Site C at 34.21%. Dickinson acquired title to Site C from the Baechers. Gormly, who acquired title from the Baechers to Sites A and B, later conveyed Site B to Brainerd and Site A to one Easton. Easton then conveyed Site A to appellees Hugh L. Patterson and Douglass K. Patterson. All of the several deeds [639]*639made reference to the recorded plat “for the size, location and dimensions” of the property conveyed.

The three original purchasers obtained permits for bulkheading_ the waterfront, and each paid his proportionate part of the per-foot cost based upon respective distances measured between the pins on the ground. Observing the setback lines as measured from the side lines pinned on the ground, Dickinson began construction of a house on Site C in 1968, and Brainerd cleared Site B and planted shrubbery in compliance with the side lines pinned on the ground. In the spring of 1973, while laying out the location of a house on Site A, Patterson discovered the pictorial error in the plat. The chancellor found that, until that time, none of the parties involved were aware of the error. Patterson completed his house within the setback lines measured from the pins on the ground.

When Brainerd began construction of a foundation on Site B, Dickinson and Patterson filed a bill of complaint against him praying “that the Court will reform the survey in such manner that the pins can be relocated on the ground ... with the result that the property on the ground will carry out the intent shown on the original plat.” Brainerd filed an answer and cross-bill seeking monetary damages.

By final decree entered August 22,1975, incorporating a letter opinion dated July 15, 1975, the chancellor found from the evidence that “there was a mutual mistake of fact in that all parties hereto and their predecessors in title believed that the plat... accurately pictured the pin placements .. . but that the said parties did not... have such clearly defined impressions of lot deminsions [sic] as to enable the Court to say that the requested reformation would .. . more definitely reflect those impressions than does the recorded plat”.

Upon that finding, appellees' prayer for reformation was denied.

The chancellor further found, however, that the three purchasers had reached an “understanding that the waterfront area of Site B would not be improved with structures, thereby maintaining an unobstructed view of the water front from the adjoining sites A and C” [hereinafter, the “understanding”]; that this “understanding” was “a prime consideration of said parties in the selection of the sites, the agreed values thereof, and the [640]*640agreements to purchase”; and that “equitable relief should be granted ... in order to carry out the agreement”. Based upon those findings, he ordered:

— that “a corrected plat, eliminating the graphic, scale or pictorial errors on the recorded plat, but maintaining the same courses and distances, should be prepared and recorded”;
— that the corrected plat should reflect “a restriction prohibiting the erection or maintenance of any structure or structures, fence, hedge or other obstruction on that portion of Site B from the existing bulkhead westerly to a line parallel [or approximately so] thereto and approximately 150 feet therefrom”;
— that Brainerd and “his successors in interest to Site B”, be enjoined from violating that restriction; and
— that the parties should bear their respective costs.

Under a decree entered December 12, 1975, a plat dated September 22, 1975 correcting the pictorial error and containing a line across Site B labelled “The Building Setback Line” was recorded in the Clerk’s office in Map Book 112, page 33. The location of Brainerd’s house, which had then been completed, conformed to that restriction.

Appellant assigned error to the chancellor’s factual findings, to the imposition of the restriction on the corrected plat and the corollary injunction, and to the apportionment of costs. Appellees assigned cross-error to the chancellor’s denial of their prayer for reformation.

Considering first appellees’ assignment of cross-error, we defer a ruling on the question whether the chancellor’s finding of an “understanding” is supported by the evidence and assume that it is.

Appellees. prayed for reformation of the survey on the grounds of a mutual mistake of fact. In effect, their position is that a mistake of fact among purchasers of lots shown on a plat resulting from pictorial errors in the plat, supersedes all other factors in determining the dimensions and configurations of the lots, and that a court of equity should, in the words of their prayer, “reform the survey in such manner that the pins can be relocated on the ground .. . with the result that the property on the ground will carry out the intent shown on the original plat.”

[641]*641This contention is a matter of first impression in this Court, and counsel have cited and we have discovered no helpful authority in other jurisdictions.

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Bluebook (online)
231 S.E.2d 710, 217 Va. 637, 1977 Va. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brainerd-v-dickinson-va-1977.