Lake View Acres Development Co. v. Tindal

Gardner, Judge:

This is a declaratory judgment action in which Lake View Acres Development Company (Lake View) seeks to have a deed it executed in favor of Larry H. Tindal (Tindal) construed in such a way that the boundary between its tract and the Tindal’s tract is the shore line of Fort’s Pond near Pelion in Lexington County. The case was tried in a non-jury term of court. The trial judge, by the appealed order, denied the relief sought by Lake View. We reverse and remand.

ISSUE

The only issue of merit is whether the deed of Parcel A includes any land not submerged under the waters of Fort’s…