Appellants/defendants Ricky E. Mull and Karen S. Mull appeal the order of the superior court granting partial summary judgment to appellee/plaintiff Mickey’s Lumber & Supply Company, Inc., and denying appellants’ cross-motion for summary judgment.
Appellee lumber company filed a materialmen’s lien purportedly against the home of appellants Mull for building supplies used in construction of the home, and for which supplies appellee has not been paid.
Appellants purchased lots 20 and 21 in the Camelot Subdivision in Walton County; the subdivision was platted in county Plat Book 41, page 135. The lots were side by side and located at the end of a cul-de-sac. It was determined that lot 20 could not be built upon, so appellants’ home was constructed on lot 21. A building permit for lot 21 was obtained and appellants entered a construction contract with the general contractor, Waterport Construction Company, whose president has since filed for bankruptcy. Both on the date of closing on the lots and the date of filing of the lien, each lot was taxed independently and separately by the county tax commissioner. No construction was performed on lot 20 and all materials purchased from appellee subcontractor were delivered to lot 21 where all construction occurred.
On November 25, 1992, within five days prior to the closing of the permanent loan on the property by appellants, appellee recorded the materialmen’s lien. The lien document pertinently stated that appellee, a subcontractor and materialman, “hereby claims a lien ... on the below described building and real estate on which it is erected, or built, owned by [appellants], for satisfaction of a claim . . . for furnishing of material and labor for the improvement of the following described property, said materials provided at the request of Waterport Builders. . . . 4th District . . . Land Lot 148, Camelot Subdivision, Unit 2, Lot 20, Walton County, Georgia, and being more particularly described on a certain deed recorded in Deed Book 423, page 144, Walton County, Georgia Records, (Plat Book 41, page 135).” (Emphasis supplied.) The warranty deed referred to in the lien document provides the following legal description of the two properties: “ALL THAT TRACT or parcel of land lying *344 and being in Land Lot 148 of the 4th District Walton County Georgia designated as Tract No. 20 containing 1.028 Acres more or less and Tract No. 21 containing 1.021 Acres more or less on plat titled final plat of Camelot Section Two per plat thereof recorded in Plat Book 41, Page 135, Walton County Records, which plat is made part hereof by reference.” (Emphasis supplied.) The lien document contained no street address for the properties at issue, although each lot had a separate mailing address.
The trial court found the lien description to be legally sufficient notwithstanding that lot 21 rather than lot 20 was the lot location of the building against which the materialmen’s lien was being filed. In so ruling, the trial court held, inter alia, that: “Essentially the lien described the correct county (Walton), land district (4th), land lot (148), subdivision name, deed book and page number. However, in the lien’s land description, [appellee] plaintiff mistakenly described the subdivision lot number as 20 instead of the correct number 21. [Appellants] defendants own both lots 20 and 21, which are side by side, with the home being built on lot 21. The single deed, recorded in the book and page contained in the lien, describes both lots 20 and 21, providing the acreage of the lots individually. . . . The addition of the incorrect subdivision lot number is surplusage and does not render the lien void.”
Appellants’ sole enumeration is that the trial court erred in granting appellee’s partial summary judgment, as to the sufficiency of the legal description of the materialmen’s lien sought to be foreclosed upon by appellee, and in denying appellants’ cross-motion for summary judgment which was based on a claim of inadequacy of the legal description. Held:
1. “To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 (c).”
Lau’s Corp. v. Haskins,
2. The sufficiency of a property description in a legal document gives rise to a question of law for the court.
Peoples Bank of Bartow County v. Northwest Ga. Bank,
*345
Minor v. Neely,
OGGA § 44-14-361.1 prescribes in pertinent part the statutory procedure for filing a materialmen’s lien; this statute is in derogation of the common law and must be strictly construed.
Womack Indus. v. B & A Equip. Co.,
We must now determine whether the claim of lien did contain an adequate key, when aided by extrinsic evidence, so as to render the property description sufficient. In this regard, it suffices if the “key” leads definitely to the identification of the property being described when aided by extrinsic evidence. Brasher, supra. In the case sub *346 judice the “key,” even when aided by extrinsic evidence, fails to lead definitely to the identification of lot number 21 as the property subject to the lien. Although the lien document references a deed which has two lots on it, the document also references a plat which clearly identifies lot 20 as a separate lot, and does not infer that the lot 20 in the lien document could apply to any other lot but lot 20 of the plat.
Courts are not at liberty to revise contracts under the guise of professing to construe them.
Brigadier Indus. Corp. v. Pippin,
We decline to determine whether appellee may still amend its complaint to seek recovery against appellants on a claim of unjust enrichment.
Judgment reversed.