Rio Vista, Inc. v. Miles

374 S.W.3d 698, 2010 Ark. App. 190, 2010 Ark. App. LEXIS 216
CourtCourt of Appeals of Arkansas
DecidedFebruary 24, 2010
DocketNo. CA 09-199
StatusPublished
Cited by4 cases

This text of 374 S.W.3d 698 (Rio Vista, Inc. v. Miles) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rio Vista, Inc. v. Miles, 374 S.W.3d 698, 2010 Ark. App. 190, 2010 Ark. App. LEXIS 216 (Ark. Ct. App. 2010).

Opinion

RITA W. GRUBER, Judge.

| TThis quiet-title case involves competing claims to a narrow strip of land along the northeast bank of the Spring River at Hardy. The river is navigable and runs northwest to southeast. A common grant- or once held the land on both sides of the river; in 1931, it conveyed some land to L.L. Ward and Frances Ward, which was “[b]ounded on the east by the North and East Bank of Spring River....” The successors of the common grantor conveyed a tract on the other side of the river to Bridge North, Inc., which included a direction “to the Northerly Bank of Spring River; then run along said River Bank as follows: ... to the Southerly right-of-way line of Burlington-Northern Railroad; then leaving said river bank....” The common line, therefore, was the northeast bank of the Spring River.

Ijn 1956, L.L. Ward, Jr., acquired his parents’ property and recorded a plat of Rio Vista subdivision as drawn by W.D. Cobb. This plat indicated that the river and its islands were contained within Ward’s property. It also reflected a handwritten notation on a line drawn near the northeast bank of the river, which stated: “Top Bank of River Property Line of L.L. Ward, Jr.” Appellant Rio Vista, Inc., acquired Ward’s land from a successor, James Bobo, in 1975. The legal description in its warranty deed referred to the recorded plat. Bobo gave appellant a quitclaim deed in 1980, which stated “per plat of W.D. Cobb....”

In 1991, Bridge North subdivided its land on the other side of the river as Rio Vista III Addition. The platted lots reflected distances and pins set near, but not precisely on, the river bank. The plat included the legal description running to the northerly bank of the river, and then along the river bank. The bill of assurance provided that Lots 1-29 were “riverfront lots.” In two conveyances, appellees Jim Miles and Patricia Miles bought Lots 1, 2, 3, 4, and 5, Block 3, of Rio Vista III, in 2004 and 2005. Their deeds referred to the recorded plat. In July 2006, they filed this action against Rio Vista to quiet title to their lots, alleging that it had painted trees on their property along the river bank with purple paint. Appellees asserted that they are riparian owners of the land along the navigable river and that their southern property line is its ordinary high-water mark. Rio Vista counterclaimed for quiet title to the bed and banks of the river, and also asserted adverse possession and payment of taxes.

| :¾At trial, Jim Miles; Jane Clark, who owns a lot in Rio Vista III; and Jim Sitz, a surveyor, testified for appellees. Appellant presented the testimony of Hugh Monteith, James Harwood, and Neale Payne, who own property in Rio Vista; Kenneth Murphee, who owned property there from 1983 to 1995; and Ben Kittler, a surveyor. In the decree quieting title to appellees, the trial court noted that neither party could own the area below the ordinary high-water mark of the river because it is navigable. Using the definition of “ordinary high-water mark” set forth in St. Louis, Iron Mountain and Southern Railway Company v. Ramsey, 53 Ark. 314, 13 S.W. 931 (1890), the court ruled that Rio Vista did not own any property on the northeast bank of the river where it flows by appellees’ lots. Regarding appellant’s counterclaim, the court stated that the 1980 deed from Bobo, which interpreted the description in Ward’s deed to mean the “top of bank,” did not establish color of title to the disputed property. It also found that appellant failed to establish adverse possession. The court quieted title in appellant to its property on the “south bank of Spring River” within Block 10 above the ordinary high-water mark. Appellant then brought this appeal.

We traditionally review quiet title and boundary line actions de novo. Price v. Rylwell, LLC, 95 Ark.App. 228, 235 S.W.3d 908 (2006); Boyette v. Vogelpohl, 92 Ark.App. 436, 214 S.W.3d 874 (2005). We will not, however, reverse findings of fact unless they are clearly erroneous. Id. Further, whether possession is adverse to the true owner is a question of fact. White River Levee Dist. v. Reidhar, 76 Ark.App. 225, 61 S.W.3d 235 (2001). We will not reverse a trial court’s finding regarding adverse possession unless it is clearly erroneous. Id.

Appellant challenges the trial court’s finding that appellees’ riparian property line was the ordinary high-water mark of the river, and argues that the trial court disregarded the deeds of conveyance in appellees’ chain of title. For example, appellees’ 2004 deed transferred the lots “per recorded plat.” . Appellant asserts that the measurements and corner stakes shown on that plat indicated that appel-lees’ lots fell short of the river, and that the trial court ignored an established principle of surveying, that a deed’s references to a plat will give a true description. It also argues that the trial court erroneously reformed the deeds in appellees’ chain of title, even though appellees did not seek that relief and did not include their predecessors in title, who were necessary parties. We disagree with all of these contentions.

The only parties with an interest in this proceeding were before the court. The trial court did not reform appellees’ deeds, or those of their predecessors in title; it simply interpreted them. When interpreting a deed, the court gives primary consideration to the intent of the grantor. Winningham v. Harris, 64 Ark.App. 239, 981 S.W.2d 540 (1998). When the court is called upon to construe a deed, it will examine the deed from its four corners for the purpose of ascertaining that intent from the language employed. Id. As explained below, the trial court’s interpretation of the deeds involved in this case was correct.

| ¡Appellant argues that its eastern boundary was “the top of the bank,” as noted on Cobb’s plat, and that the trial court erred in finding that its deed from Bobo did not convey title to the land between the high-water mark of the river and the top of the northeast bank. We disagree. The experts testified that the handwritten notation was an interpretation of the boundary line, not a description of the property conveyed. Jim Sitz testified that none of the deeds in evidence supported appellant’s claim to the land between the high-water mark and the top of the northeast bank of the river. He said that the bank of the river is customarily the high-water mark and that he had never located a boundary as the top of the bank. There is no dispute that Newell platted the boundaries of Lots 1-5 as short of the high-water mark. Sitz, however, testified that the pins did not define appel-lees’ southern boundary, because he believed that they were offset and reflected a meander line, due to the difficulty of setting pins at the river’s edge. He opined that the high-water mark of the river constituted the actual southern boundary of appellees’ lots.

Additionally, even if the notation on Cobb’s plat was meant to describe what was conveyed, appellant’s grantor could not have conveyed the strip of land between the river bed and the top of the northeast bank if he did not already own that land. Parker v. Bowlan, 242 Ark. 192, 412 S.W.2d 597 (1967).

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Bluebook (online)
374 S.W.3d 698, 2010 Ark. App. 190, 2010 Ark. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rio-vista-inc-v-miles-arkctapp-2010.