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Pierce v. Sanderlin

Court of Appeals of Missouri, Eastern District, Fourth Division

December 16, 2014

CARL W. PIERCE AND PAULA R. PIERCE, Appellants,
v.
KEVIN SANDERLIN AND KAY T. SANDERLIN, Respondents

Appeal from the Circuit Court of Gasconade County. Honorable Robert D. Schollmeyer.

FOR APPELLANT: David L. Baylard, P., Union, Missouri; Dennis Barks, Herman, MO.

FOR RESPONDENT: Steven E. Spoeneman, St. Louis, MO; S. Clayton Spoeneman, St. Louis, MO.

ROY L. RICHTER, Judge. Patricia L. Cohen, P.J., concurs. Robert M. Clayton III, J., concurs.

OPINION

ROY L. RICHTER, Judge

Page 10

Carl and Paula Pierce (" Appellants" ) appeal from the trial court's judgment finding they had no interest in the 20-foot strip of land at issue and denying their request for an injunction. We reverse and remand.

I. Background

Appellants bought the 25 acres in Gasconade County at issue here from Kenneth and Beverly Pfautsch on January 20, 1997. Prior, the Pfautsches had purchased their land, totaling about 30 acres, in April of 1998 from Donald and Shirley Boehm and their children. The deed from the Boehms to the Pfautsches read as follows:

Together with a 20' wide right-of-way from the above described tract to Highway H described as follows: Commencing at the Township corner being the Northeast corner of Section 1, thence with the Range line S02° 05'W 717.7' to the point of beginning at the north side of the 20' right of way, thence S02° 05'W 21.35' thence with the south side of right-of-way S 71° 36'W 315.0', thence N 88° 01'W 394.5' to the east right-of-way of Highway H, thence with Highway H right-of-way N 21° 40'W 22.36', thence leaving highway right-of-way and with the north side of 20' wide right-of-way S 88° 01'E 401.2', thence N71° 36'E 317.5' to the point of beginning containing 0.33 acres more or less.

Appellants agreed to buy from the Pfautsches a house and about 25 acres in Gasconade County and the only means of access to the property, at the time, was over a private roadway within a 20-foot-wide strip of land constituting an easement appurtenant, running from the west boundary of the Pfautsch land to Missouri Highway H.[1] The contract contained a condition that the " [p]rivate roadway is to be owned by . . . [Pfautsches] from State Highway H and included in the sale." The contract described the land to be sold as being located in " Section 6, Township 45 North, Range 4 West and Section 1, Township 45 North, Range 5 West to contain

Page 11

25.2 surveyed acres as per survey #11,017 done by Elmer Birk . . . ."

Around the same time, the Boehms and Pfautsches executed an agreement imposing restrictions on the lands owned by the two families, which referred to the Pfautsches' land as being located in Section 6, Township 45 North, Range 4 ...


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