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DECEMBER 8, 2006; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth Of Kentucky Court of Appeals
NO. 2005-CA-002551-MR

LARRY DEAN HOSKINS

APPELLANT

v.

APPEAL FROM LAUREL CIRCUIT COURT HONORABLE GREGORY A. LAY, JUDGE ACTION NO. 02-CI-00668

DAVID DIETZ

APPELLEE

OPINION AFFIRMING ** ** ** ** ** BEFORE: ABRAMSON, GUIDUGLI, AND VANMETER, JUDGES. Larry Hoskins appeals from a November 15,

ABRAMSON, JUDGE:

2005, judgment of the Laurel Circuit Court establishing the boundary between a tract of land Hoskins owns in Laurel County near London and an adjoining tract owned by David Dietz, the Appellee. A portion of a garage Hoskins built in 2001 lies

across the boundary line, and the court ordered Hoskins both to remove the encroachment and to pay Dietz damages for timber Hoskins removed from Dietz's land in the course of construction. Hoskins contends that Dietz should be estopped from complaining of the encroachment, or, if not, that the encroachment is not as

extensive as the trial court found.

Convinced that Dietz in no

way induced Hoskins's trespass and that the trial court's boundary determination was not clearly erroneous, we affirm. This case concerns a scrivener's error in the parties' deeds. The parties concede the error, but dispute its In 1976, a Mr. and Mrs. Prewitt conveyed an

consequences.

approximately 2.9 acre tract at the northwest corner of Reed Road and Blackwood Lane in Laurel County, about one-half mile north of Ky. Highway 80, to a Mr. and Mrs. Tomlinson. This

tract was a portion of a larger tract that had been conveyed to the Prewitts in 1974. With the calls numbered for the sake of

reference, the deed from the Prewitts to the Tomlinsons described the 2.9 acre tract as follows: (1) Beginning at a stake at the RW line of County Road [Reed Road]; (2) thence with RW of said road, S. 3.30 W. 90.69 feet to a stake; (3) thence with RW S. 61.22 W. 52 feet to a stake at RW; (4) thence with RW S. 42.40 W. 73.8 feet to a stake [emphasis added]; (5) thence with RW S. 32.46 W. 96 feet to a stake in RW; (6) thence with RW S. 23.08 W. 81 feet to a stake in RW; (7) thence with RW S. 17.03 W. 75 feet to a stake in RW; (8) thence leaving RW N. 85.27 W. 315 feet to a stake; (9) thence N 30.25 E. 465 feet to a stake; (10) thence S. 85.39 E. 300 feet to the beginning corner, containing 2.9 acres, more or less.

-2-

This description was based on a survey made by Larry Jervis in 1976 apparently for the sake of severing the 2.9 acre tract from the Prewitts' larger tract. It should be noted,

however, that the calls along Reed Road, nos. 1

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Kentucky Law