SHORT, J.
In this action to quiet title, the Milton P. Demetre Family Limited Partnership (Demetre) appeals an order of the Master-in-Equity (the master), arguing the master erred in finding Demetre did not quiet title to certain property on Folly Island. We affirm in part and vacate in part.
In 1920, Jefferson Construction Company platted and subdivided most of the Island of Folly Beach, South Carolina. The 1920 plat was recorded in the Charleston County Register of Mesne Conveyance Office (RMC). In 1965, the 1920 plat was redrawn due to deterioration, and in 1968, it was traced. The redraw added parcels to the 1920 plat; however, the tracing appears to be identical to the 1920 plat. The 1965 and 1968 plats were also recorded and share the same book and page number as the 1920 plat. The 1965 plat added parcels to the 1920 plat; however, the 1968 plat appears to be identical to the 1920 plat and does not include the subject parcels, lots 209 and 210, on Indian Avenue, East.
Between approximately 1921 and 1926, the Folly Beach Improvement Company (FBIC) acquired the entire island of Folly Beach and mortgaged its complete interest to Citizens and Southern National Bank of Savannah (C & S Bank). In 1937, the FBIC sold the streets, avenues, and/or lanes in and upon Folly Island to the Board of Township Commission of Folly Island for the use of the public.
From Seabrook, Jr., in 2002, Demetre purchased lots 206 to 208 on Indian Avenue, East for $45,000. Demetre purchased lots 202 to 205 in 2002 from another seller for $475,000. Also in 2002, Demetre purchased "[a]ny and all interest in marshland or highland north of lot 201 Indian Avenue East" for $5 from another seller.
On May 30, 2002, Demetre purchased from Seabrook, Jr., the "portion of ... roadway [on Indian Avenue] that is undeveloped and unpaved" bordering lots 201 to 205 for $10,000 by quitclaim deed. After contact with the City of Folly Beach, Demetre believed Seabrook owned the land.
On December 6, 2002, Demetre brought an action against the City of Folly Beach to quiet title in the road located at the two-hundred block of East Indian Avenue on Folly Beach, South Carolina ("Road"), which borders other property Demetre owns (The "Road" case). Folly Beach asserted ownership of the Road. Emily Brown, intervenor, owns lot 204 on East Huron Avenue and has used the Road to access her property since January 30, 1986.
On January 23, 2004, Demetre purchased two riverfront lots, 209 and 210, on East Indian Avenue from Seabrook, Jr.,
In a separate action, on October 7, 2005, Demetre brought an action against Annie Crowley, Raymond Crowley, Donald Crowley, Harris Crowley, Jr., and Annie Atkinson (the "Crowleys"), and Harry and Patricia Beckmann (the "Beckmanns") for declaratory judgment and to quiet title to lots 209 and 210 where the Crowleys and Beckmanns have docks. The Crowleys and Beckmanns were permitted to intervene in the Road case because their lots abut East Indian Avenue. The Crowleys purchased lot 210, East Huron Avenue, on September 1, 1964, and the Beckmanns purchased lot 209, East Huron Avenue, on April 27, 1972. Both of the deeds referenced the 1920 plat, which shows no lots between their lots and the marsh abutting the river. The Crowleys and Beckmanns believed they owned all of the property from their homes to the marsh. Harry Beckmann testified he believed the State owned everything from his property line to the Folly River. In 1988, both the Crowleys and the Beckmanns applied for permits from the South Carolina Coastal Council (Council) to construct docks from their lots to the Folly River across East Indian Avenue lots 209 and 210. The Council granted the permits, and the docks were constructed.
After reference to the master and consolidation, the cases were tried on December 12, 2006. On March 2, 2007, the
In Demetre I, this court separated the appeal into "The Road Case" and "The Dock Case." As to the Road Case, the court explained the 1937 deed dedicated all streets, avenues, and/or lanes to Folly Beach. The court noted the 1920 plat, which was referenced in Demetre's deeds, showed East Indian Avenue extending from lot 201 to the northwest corner of lot 205. The court affirmed the master's finding that the Road was dedicated to Folly Beach, and it accepted the dedication. The court also affirmed the master's finding that Demetre did not satisfy the elements of equitable estoppel. In its conclusion, the court stated: "[W]e affirm the master's ... order finding Folly Beach owns East Indian Avenue...."
As to the Dock Case, this court found the following:
The supreme court denied Demetre's petition for certiorari on April 8, 2010.
On remand, after Demetre's written request, the master heard arguments without receiving additional evidence. Demetre initially argued the issue on remand was settled because the parties stipulated at trial to record title. The Crowleys and Beckmanns (Respondents) argued the stipulation was merely "that the records were what the records were, and we simply were stipulating that if you went down to the [RMC]... that this is what you would find. There were deeds into [Demetre].... But what those deeds mean, that's a whole `nother story. We certainly are not stipulating to any good title...."
Demetre also argued Respondents' affirmative defenses were no longer viable because they had "been either abandoned or lost at the trial level and/or overruled by the Court of Appeals." Demetre argued the defenses were either not ruled upon; not appealed; waived; and/or law of the case. Respondents disputed their affirmative defenses were not viable. Respondents claimed entitlement to the defenses of the forty-year statutory presumption of a grant; the twenty-year common law presumption of a grant; adverse possession; and laches.
On the merits, the parties argued the issues as "Chain of Title" and "Accretion." Demetre argued the deeds described the footage of the Respondents' lots as 150 feet from East Huron Avenue and did not "say anything about going an inch further than 150 feet" and did not mention East Indian Avenue. Demetre also argued Respondents' permit applications, signed under oath, claimed 150 feet from Huron Avenue. Demetre relied on his chain of title, including the quitclaim deed, for property north of lots 209 and 210 to the Folly River and the "unpaved roadway bordering 201 through 210 and Third Street roadway adjacent to Lot 210 East Indian."
Respondents argued any property not owned by the State from their lots to the Folly River belongs to them because their deeds reference the 1920 plat showing nothing behind their lots except marshland, and Demetre's alleged lots situated between Respondents' lots and the marshland were not effectively transferred by the quitclaim deed.
As to the accretion argument, Respondents maintained the State owned the marsh, and any accretion belonged to them as owners of the properties adjacent to the marsh. Demetre maintained there was no evidence of accretion. Demetre also argued Respondents' dock permit applications indicated Respondents were not claiming accretion. Demetre argued the attachments to the permit applications showed high marshland beyond the 150 feet that Respondents did not claim. The permit applications were for 700 foot docks "to Folly River."
The master questioned if the State needed to be a party to the action. Demetre and Respondents argued the issue was related to land above the high water mark; therefore, the State was not required to be a party.
By order filed January 13, 2012, the master first determined "any challenge to ownership of this marshland must be pursued in an action against the State...." The master, after noting the parties did not want to add the State as a party, concluded, "this court disagrees [because] the `high marsh' is contained within the area previously denoted as Marshland." The master determined the issue was the "highland contained within what was formerly marshland" and looked to the chain of title, finding although the 2005 Kennerty plat delineates both high and low marsh, the 1920 plat shows the property in question to be "Marshlands." The master further found only the 1965 plat shows lots located at the area in dispute. Thus, the master found the "1965 plat is incorrect and, therefore, cannot serve as a basis for the creation of new lots on Folly Beach." The master found the lots "did not exist" at the time of the conveyance to Seabrook, Sr. The master also found, "The subsequent plat from 1968 also shows the area in question
The master found the 1942
The master also found the following,
The master summarized the findings of fact: (1) Demetre's deeds refer to the 1920 plat; (2) the 1920 plat does not show Demetre's lots; therefore, they do not exist; (3) Demetre can only own what was deeded in the 1920 plat, which is described as marshland; (4) Respondents' deeds show East Indian Avenue as their riverward boundary; (5) any highland riverward
Demetre argues the master erred by disregarding Respondents' stipulation to record title. We disagree.
During the trial,
"A stipulation is an agreement, admission or concession made in judicial proceedings by the parties thereto or their attorneys." Kirkland v. Allcraft Steel Co., 329 S.C. 389, 392, 496 S.E.2d 624, 626 (1998). "Stipulations, of course, are binding upon those who make them." Id. "The court must construe [a stipulation] like a contract, i.e., interpret it in a manner consistent with the parties' intentions." Porter v. S.C. Pub. Serv. Comm'n, 333 S.C. 12, 30, 507 S.E.2d 328, 337 (1998). The interpretation of a stipulation is addressed to the sound discretion of the trial court and will not be reversed on appeal absent an abuse of that discretion. See id. at 31, 507 S.E.2d at 337 ("Whether to abrogate the stipulation is addressed to the sound discretion of the trial judge, and an appellate court will not interfere with that decision except when there is a manifest abuse of discretion.").
We conclude the master properly interpreted the meaning of the stipulation at issue in this case. The question litigated was not whether Demetre held record title to the property; rather, the question litigated was whether the record title validly conveyed the subject property as to quiet title in Demetre. Accordingly, we affirm the master's interpretation of the stipulations.
Demetre argues the master erred in ruling on the affirmative defenses, claiming the court's action in Demetre I rendered the affirmative defenses "law of the case." It also
During the hearing, Demetre argued Respondents' affirmative defenses were no longer viable because they had "been either abandoned or lost at the trial level and/or overruled by the Court of Appeals." Demetre argued the defenses were either not ruled upon, not appealed, waived, and/or law of the case. Respondents asserted their affirmative defenses were viable. The master ruled against Respondents on its affirmative defenses. We find no prejudice to Demetre arising from the master's rulings against Respondents on their affirmative defenses; thus, any error is not reversible. See Visual Graphics Leasing Corp. v. Lucia, 311 S.C. 484, 489, 429 S.E.2d 839, 841 (Ct.App.1993) ("An error is not reversible unless it is material and prejudicial to the substantial rights of the appellant.").
Finally, Demetre argues the master erred in failing to quiet title in Demetre because the master ruled against Respondents' affirmative defenses. Demetre claims, without citation to authority, "Where there are no affirmative defenses, record title is good." Respondents argue a stipulation to record title is not a stipulation to good title. Respondents maintain Demetre had the burden to prove good title. "In an action to quiet title, the plaintiff must recover on the strength of his own title, not on the alleged weakness of the defendant's title." Hoogenboom v. City of Beaufort, 315 S.C. 306, 313, 433 S.E.2d 875, 880 (Ct.App.1992) (citations omitted). We find no merit to Demetre's claim of automatic vesting of title in its action to quiet title based on Respondents' failure to prove its affirmative defenses.
Demetre argues the master erred in the following: (1) finding the State was a necessary party; (2) holding the State owns the subject property above the mean high water mark; (3) concluding Respondents have vested property interests in
"[A] trial court has no authority to exceed the mandate of the appellate court on remand." S.C. Dep't of Soc. Servs. v. Basnight, 346 S.C. 241, 250, 551 S.E.2d 274, 279 (Ct.App.2001). "The mandate of the appellate court is jurisdictional. The trial court has a duty to follow the appellate court's directions." Prince v. Beaufort Mem'l Hosp., 392 S.C. 599, 605, 709 S.E.2d 122, 125 (Ct.App.2011) (citation omitted); see Basnight, 346 S.C. at 250-51, 551 S.E.2d at 279 (noting "[o]nce a mandate is issued from an appellate court to a trial court, the trial court `is vested with jurisdiction only to the extent conferred by the appellate court's opinion and mandate'" (quoting 5 Am.Jur.2d Appellate Review § 784, at 453 (1995))).
The mandate in Demetre I directed the master to "rule on Demetre's requests for a declaration of ownership and to quiet title to the portions of the lots above the high water mark." To the extent the master exceeded the mandate by finding the State was a necessary party, by finding any property interest in the State or Respondents, by finding the 1965 plat was "incorrect," and by determining the location of the mean high water mark, we vacate that portion of the order.
Demetre argues the master erred in the following: (1) relying on the 1920 plat to determine Demetre's claim; (2)
Demetre entered an exhibit indicating the following chain of title:
Thus, Demetre's chain of title references the 1863 survey, the 1895 Tartus plat, and the 1920 plat. The deed to Demetre references only the 1920 plat.
During the trial, when asked why he only paid $23,000 for the lots, Milton Demetre testified Seabrook, Jr., told him to make him an offer. Mr. Demetre continued, "He could have sold it for $5 and a deed. I don't know." When asked why he offered Seabrook, Jr., $23,000, Mr. Demetre responded, "He said make him an offer, and that's what I did."
As to Demetre's deeds, the master found the following: (1) Demetre's deeds refer to the 1920 plat; (2) the 1920 plat does not show Demetre's lots; therefore, they do not exist; (3) Demetre can only own what was deeded by reference to the 1920 plat, which is described as marshland; and (4) Demetre is not entitled to quiet title. After finding the lots did "not exist as legal lots today," the master found "[t]his ... was apparently known to [Seabrook, Jr.,] who determined he would only convey the lots in question to [Demetre] by [q]uitclaim deed." The master further found Seabrook, Jr. "was willing (for a price) to grant whatever title he may have had in this property — whether he had any interest in this property or not."
"In an action to quiet title, the plaintiff must recover on the strength of his own title, not on the alleged weakness of the defendant's title." Hoogenboom, 315 S.C. at 313, 433 S.E.2d at 880. "One claiming title by deed has no greater title than the original grantor in the chain of title upon which he relies." Id. at 313, 433 S.E.2d at 880-81 (citing Belue v. Fetner, 251 S.C. 600, 606-07, 164 S.E.2d 753, 756 (1968) (stating a deed cannot convey an interest which the grantor does not have)). "[T]he purpose and effect of a reference to a plat in a deed is ordinarily one as to the intention of the parties to be determined from the whole instrument and the circumstances surrounding its execution." Lancaster v. Smithco, Inc., 246 S.C. 464, 468, 144 S.E.2d 209, 211 (1965). "Where a deed describes land as it is shown on a
A quitclaim deed is a lawful means of conveying title. Martin v. Ragsdale, 71 S.C. 67, 77, 50 S.E. 671, 674 (1905) (citing former version of S.C.Code Ann. § 27-7-20 (2007) ("[T]his section shall be so construed as not to oblige any person to insert the clause of warranty or to restrain him from inserting any other clause in conveyances, as may be deemed proper and advisable by the purchaser and seller, or to invalidate the forms formerly in use within this State.")). However, "[a] quitclaim deed does not guarantee the quality of title, but only conveys that which the grantor may lawfully convey." Mulherin-Howell v. Cobb, 362 S.C. 588, 601, 608 S.E.2d 587, 594 (Ct.App.2005) (acknowledging "a quitclaim deed does not convey the fee, but only the right, title[,] and interest of the grantor") (citing Martin, 71 S.C. at 77, 50 S.E. at 674). Although the supreme court in Martin was discussing a purchaser whose seller took title under a quitclaim deed, we find the following language instructive:
Martin, 71 S.C. at 76-77, 50 S.E. at 674.
We agree with the master's conclusion that Demetre failed in his burden of proving title to Lots 209 and 210. Neither the 1920 plat nor the 1895 Tartus plat depict the lots. Demetre acknowledged at the remand hearing that the lots did not exist as lots on the 1920 plat. Demetre relies on the 2005 Kennerty plat and the 1965 plat, which are not in his chain of title and were not in existence at the time the property was last deeded prior to the quitclaim deed to Demetre. Furthermore, as to the master's finding that Seabrook, Jr., believed that he did not have title, we find evidence in the record to support the master's finding. See Estate of Tenney v. S.C. Dep't of Health & Envtl. Control, 393 S.C. 100, 105, 712 S.E.2d 395, 397 (2011) (stating a master's factual findings in an action to quiet title will be affirmed by an appellate court if there is any evidence in the record reasonably supporting the findings). We find Demetre has failed to meet his burden of proving title to lots 209 and 210. Accordingly, we affirm the master's order to the extent it found Demetre failed to quiet title in lots 209 and 210.
We affirm the master's order regarding the stipulation, Respondents' affirmative defenses, and Demetre's failure to quiet title in lots 209 and 210. To the extent the master exceeded the mandate by finding the State was a necessary party, by finding any property interest in the State or Respondents, by finding the 1965 plat was "incorrect," and by determining the location of the mean high water mark, we vacate the order.
FEW, C.J., and GEATHERS, J., concur.