Haklits v. Oldenburg

201 A.2d 690, 124 Vt. 199, 1964 Vt. LEXIS 83
CourtSupreme Court of Vermont
DecidedJune 2, 1964
Docket58
StatusPublished
Cited by13 cases

This text of 201 A.2d 690 (Haklits v. Oldenburg) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haklits v. Oldenburg, 201 A.2d 690, 124 Vt. 199, 1964 Vt. LEXIS 83 (Vt. 1964).

Opinion

Holden, C. J.

This is an action in equity to enjoin a continuing trespass and to compel the removal of a camp building which the plaintiffs claim the defendants constructed astride their south boundary. The controlling issue is the location of the common boundary between the adjoining lands of the parties. The chancellor heard the cause, filed findings of fact and entered a decree for the plaintiffs. The defendants appeal. The substance of the facts reported by the chancellor are unchallenged. The error assigned is that the facts as determined by the chancellor do not legally support the decree.

The subject properties were originally included in the farm of Winfred Rocque and were situated on the east shore of Lake Champlain in the town of Shoreham. By warranty deed of July 13, 1946 Rocque undertook to convey a camp site to the defendants. The property is described in the deed:

“Being a piece of woodland bordering the shore of Lake Champlain, said land being a part of my home farm and' located as follows, Approximately one eighth mile south of Shoreham Mills, a veneer mill owned by the firm of Fyles & Rice, Land is bounded as follows, On the north, south and east sides by meadow land owned by me and on the west by waters of Lake Champlain. Said land to be marked at the northeast and southeast corners by iron stakes driven into the ground. North and South boundary lines to continue due West from these stakes to the edge of the lake. I also convey to said grantees and to their heirs and assigns a right of way across my land to their property. I reserve for my own use and for my heirs and assigns a right of way across their property to the shore of the lake.
“Measurements of the property sold are as follows, Northeast stake to Southeast stake 65 paces. Northeast stake to high water mark of the lake .95 paces, Southeast stake to high water mark 55 paces.”

*201 Sometime after this conveyance was made, the plaintiffs acquired the remainder of the Rocque farm including the lands which adjoin the camp on the defendants’ north, east and south boundaries. During the years 1958 and 1959 the defendants constructed a camp at the northeast corner of this parcel. The chancellor concluded that the camp building extended north of defendants’ north boundary by fifteen feet and ordered its removal.

The starting point of the defendants’ north line is referred to in the deed in that part of the description which specifies: “Said land to be marked at the northeast and southeast corners by iron stakes driven into the ground. North and South boundary lines to continue due west from these stakes to the edge of the lake.”

The defendants’ northeast corner as thus designated was located on the ground and is not in controversy. In establishing the north line of the camp property the chancellor followed the direction of the deed by extending the boundary from this starting point in a course due west to the lake shore.

The chancellor noted in his findings that the deed from Rocque to the defendants describes the land purchased as a “piece of woodland.” The land north of the “due west line” which he determined to be the true boundary is described in the findings as “mostly open meadow.”

The line claimed by the defendants does not follow a due west course to the lake. To the contrary, the boundary upon which the defendants constructed their camp and which they now claim to be the true line was found by the chancellor to be north 60 degrees west and extends 325 feet from the corner marker to the shoreline.

The defendants point to a finding made by the chancellor which reports that when the camp property was purchased, the defendant John Oldenburg wrote out the description in longhand as given him by the grantor. The finding states further: “At that time they drove a stake near the base of a large oak tree and placed piles of rock on a line formed between the northeast corner pin, as found in the preceding paragraph, and this oak tree. They also set an iron pin in a line parallel with the line as formed above, this latter pin being in a so-called gully, and is indicated as ‘loose iron pipe’ on Plaintiffs’ Exhibit 4. These monuments form the defendants’ north and south property lines as they claim them to be.”

*202 In connection with this claim of the defendants the court made further findings:

“14. At the time defendant John Oldenburg and his grantor Rocque were preparing the description now found in the warranty deed from Rocque to the defendants (Defendants’ Ex. A), at the hour of about six o’clock in the afternoon, the sun was setting in a line from the northeast corner iron pipe, as shown on Plaintiffs’ Exhibit 4, to the oak tree shown on said exhibit as (oak). This prompted Rocque to instruct defendant John Oldenburg to recite in his deed that the north and south lines are “due west” in line with the setting sun to the lake. The defendants rely to a great extent in their attempt to establish their north and south lines, as indicated by the pencil lines on Plaintiffs’ Exhibit 4, on this term, ‘due west.’
“15. The term ‘due west,’ as relied on by defendants in their effort to establish their north line, is too nebulous to assist the Court in locating the property line in controversy.”

The defendants place much reliance on the substance of these findings as dictating a result contrary to that expressed in the decree. It is their contention that the intention of the parties as expressed in their act of setting the iron pin near the oak tree and in the gully establish the boundaries in these courses against the due west course called for in the deed.

The findings just referred to are more in the nature of a statement of the defendants’ claim than positive determination of established facts. And it is,clear from reading of all the findings in the complete context that these contentions were rejected by the chancellor in locating the true line. For this purpose, they were regarded by the chancellor as extraneous and of insufficient force to override the grantor’s intention as expressed in his deed.

When the language of a deed is clear and unambiguous the court is not at liberty to look at extraneous circumstances for reasons to ascertain its intent. And the intent expressed in the description cannot be altered by evidence or findings of extrinsic facts. The understanding of the parties must be deemed to be that which their own instrument declares. Vermont Marble Co. v. Eastman, 91 Vt. 425, 445, 101 Atl. 151.

Where a boundary line is described as running toward one of the cardinal points of the compass, it will be considered as running *203 directly in that direction unless some other word, or words are used for the purpose of qualifying its meaning, or its direction is controlled by some object named. Sowles v. Minot, 82 Vt. 344, 357, 73 Atl. 1025, 137 Am. St. Rep. 1010; Vermont Marble Co. v. Eastman, supra, 91 Vt. at 443. The only object referred to in Rocque’s deed is Lake Champlain. No words are present to qualify the course designated except the word “due” which limits the course to one which travels directly west.

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Cite This Page — Counsel Stack

Bluebook (online)
201 A.2d 690, 124 Vt. 199, 1964 Vt. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haklits-v-oldenburg-vt-1964.