The Back Lot

Part 1: Mowed

Every other Thursday, at six in the morning, the back lot on the Gerrity place in Alder Fork, Missouri, gets mowed in stripes. My grandson Tyler does it now on the orange riding mower, and he goes up and back, up and back, until the grass lies flat in long pale bands that catch the first light coming over the ridge. I stand on my porch in my housecoat with a cup of Sanka and watch him do it. I have watched that lot get mowed for seventy years.

My name is Verna Gerrity. I am eighty-eight years old, and I have lived in this house since the spring of 1956, when I was eighteen and my husband Dwight carried me across the threshold with his back half-broken from a fall off a hay wagon. There was nothing on the back of the property then but a fence line, a grove of black walnut trees, and a long open meadow that ran down to Sugar Creek. Dwight said it would be a garden someday. Then it was the place where the children learned to ride bicycles. Then it was where the Fourth of July fireworks went off, back when the volunteer fire department still let us shoot them from the field.

And then it was just the back lot, mowed on schedule, the way Dwight liked it.

I have never once thought of it as anything but ours.

That was the trouble, I suppose.

Tyler cut the last stripe at a quarter past seven and shut off the mower. The engine ticked and cooled in the cold morning. He pulled off his ear protectors and stood at the edge of the lot, looking up at the house that had been built there last spring, a house that did not belong on the back lot at all, and then he looked over at me and lifted one hand.

I lifted mine back.

The house stood at the far end of the meadow, where the walnut grove had been cleared two summers ago, and it was almost four thousand square feet, with a three-car garage that faced the road and a swimming pool behind a flagstone patio. My son Kevin had built it. It had cost him nearly everything he had. I had watched the trucks come up the gravel drive all last spring, one after another, with lumber and drywall and pallets of stone, and every time one passed my porch, I felt something move under my ribs that I did not have a name for.

Kevin was fifty-eight. He was a good son. He called every Sunday. He had installed the grab bars in my bathroom without being asked, and he drove me to the eye doctor in Springfield every three months, and he never once complained about the drive.

But he had built his house on his father’s back lot, without asking, and he believed it was his to build on.

When the tax assessment came in August, it said the same thing.

I had the letter in the kitchen drawer, under the Christmas napkins, folded in thirds. I took it out now and smoothed it on the table while the coffee went cold. The county assessor’s office had written, in the careful type of a bureaucracy that does not care who it hurts, that the parcel known as the Gerrity back lot, previously recorded as an unimproved portion of the parent tract, had “reverted to the parent parcel” for assessment purposes, and that improvements had been “attributed to the holder of record.”

The holder of record was me.

My son’s address was my address. The four thousand square feet, the garage, the pool, the new tax bill that had come with a number on it I could not have imagined paying, all of it was sitting in my name.

I had called Kevin the day the letter came. He had come over that evening, with his face gray and his shoulders hunched, and he had said, “Mom, it’s a clerical thing. We’ll fix it.”

That was three months ago.

Now, on a cool morning in October, with the back lot cut into clean stripes and the house standing in the morning light, my son was coming up the gravel drive in his silver truck. He was carrying a manila folder under one arm.

I set down my cup.

Part 2: The Quitclaim

Kevin’s truck crunched to a stop at ten past eight, and he got out slowly, the way he does when he has rehearsed something in his head and does not like how it sounds. He was wearing a canvas work jacket, the one with his company’s logo stitched over the pocket, and his boots were muddy at the heel from walking the lot.

He came up the porch steps without looking at the house, and he sat down in the wooden rocker next to mine, and he set the folder on his knees.

“Mom,” he said.

“Kevin.”

“I’ve got something I need you to sign.”

He opened the folder and took out a stack of papers, held together with a brass clip, and handed them to me. The top page was headed in bold capitals: QUITCLAIM DEED.

I did not take it.

“Read it to me,” I said.

He looked at me. Then he looked down at the page, and cleared his throat, and read in the flat, careful voice he uses for contracts.

“Grantor, Verna Ruth Gerrity, widow, hereby quitclaims to Grantee, Kevin Dwight Gerrity, all her right, title, and interest in the following described real estate, being the parcel commonly known as the Gerrity back lot, as surveyed in 1968—”

“Dwight’s survey,” I said.

“Yes.” He swallowed. “The description is the same as the one on the assessor’s map. It’s just to clear up the title. So the county can put the improvements on the right record.”

“Keep reading.”

He turned the page.

“The Grantor’s interest in the property is described as the holder of record, unimproved.”

Kevin stopped. He did not look up.

“Unimproved,” I repeated.

“It’s just a legal term, Mom. It means you never built anything on it. It doesn’t mean—”

“I know what it means,” I said quietly. “I have read every deed on this farm since 1956. Your father read them out loud to me, at the kitchen table, every Christmas, so I would know what we owned. I know what ‘unimproved’ means.”

He said nothing. His hands tightened on the folder.

“Seventy years,” I said. “Seventy years I have mowed that lot, and planted the peonies by the fence, and buried the dog under the walnut tree, and I am now described as unimproved.”

“Mom, I’m not trying to—”

“I know you’re not, honey.”

The porch was silent. Down by the road, a school bus groaned to a stop and then pulled away.

I stood up. It took me a moment. My knees are not what they were, and my back has been bad since the winter. But I got up, and I walked to the screen door, and I went into the kitchen, and Kevin did not follow me.

I came back out with the envelope.

It was a plain brown envelope, the kind Dwight used to buy in bulk from the feed store in town. The flap was tucked in but not sealed. I had kept it in the bottom drawer of the hall table for nearly fifty-eight years, and I had not opened it since the spring of 1968, when my husband came in from the back lot with mud on his knees and a look on his face I had never seen before.

I set it on the arm of the rocker, in front of my son.

“What’s that?” he asked.

“Look at it.”

He hesitated. Then he picked up the envelope and tipped it, and three black-and-white photographs slid out into his palm.

He looked at the first one for a long time.

Part 3: The Iron Stakes

The first photograph was of an iron stake, driven into soft ground at the edge of a meadow, with a tangle of wild blackberry canes behind it and the corner of a wooden surveyor’s tripod just visible at the left edge of the frame. The stake was thick and rusted, its top bent slightly from a hammer that had missed. Around its base, in the grass, someone had scratched a small arrow pointing north.

The second photograph was of another stake, farther along a line of cedar stumps, with the same arrow scratched beside it. Behind it, a long fence line ran off toward the creek.

The third photograph was of a man’s hand.

It was a broad, sunburned hand, with a wedding band worn thin and a scar across the knuckles from a fence wire, and it was resting on the top of an iron stake in the middle of a field of tall grass. The fingers were curled loosely around the cap, which was a small brass disk, polished bright by weather and by touch. The stake was driven flush into the earth. And the brass cap, the one I had never once seen in seventy years, caught the sun in the camera’s flash.

Kevin had turned the photograph toward the light. He held it very still. Then he sat down on the porch step, hard, as if his legs had decided for him.

I watched his face change.

“Dad set these,” he whispered.

“In April of 1968,” I said. “Before the county ever started requiring them. He spent three weekends on that survey with a borrowed transit and a chain and a notebook, and he drove every stake himself. He said if the county was going to tell him where his land ended, he’d rather tell them first.”

“I didn’t know he did this.”

“You were not born yet,” I said. “You came in the fall of 1968. He had already finished.”

Kevin’s breath came out in a shaky little laugh.

“Mom, I always thought the back lot was just… there. Like it belonged to the farm.”

“It did belong to the farm,” I said. “It belonged to all of us. That was the point.”

He looked down at the third photograph again.

“Kevin,” I said, “does the survey still exist?”

He shook his head slowly. “I haven’t seen it.”

“It’s in the county recorder’s office, in the old book. Your father filed it in the summer of 1968, with the fee in cash. The clerk was a Dunaway woman named Irma. She told him he was the first man in Ozark County to bring his own stakes to a survey, and she stamped the book twice to make sure it was in there.”

“Did you ever look at it?”

“No,” I said. “I trusted him.”

Kevin set the photograph on his knee, carefully, face up, and I saw that his hands were trembling.

“Why didn’t you ever tell me about this, Mom?”

I looked at my son, the man who had built the big house on the back lot, who had built a house on his father’s land and called it his, and I said the only true thing I could find.

“Because your father asked me not to,” I said. “In 1974, when you were six and you lost your first tooth in the creek, you came running up the hill and asked him whether the back lot was ours, and he said, ‘Yes, it’s ours, but it isn’t yours to take.’ And then he took you down to the creek and taught you to skip stones, and I never heard him say it again.”

Kevin said nothing. He looked back at the photograph, at his father’s hand on the brass cap.

“It isn’t mine to take,” he whispered.

“No,” I said. “But you didn’t know that. Neither did I, until you made me read the quitclaim.”

From the lot, I heard the mower start up again, its engine coughing and then settling into a steady drone. Tyler had gone back to the far end of the meadow to cut the grass along the fence line, and he was singing to himself over the noise.

Kevin stood up. He picked up the three photographs and held them in one hand, and he looked out at the lot, at the long pale stripes and the new house beyond them.

“I need to make a phone call,” he said.

“Do it here,” I said. “I want to hear it.”

He sat back down, and took out his phone, and pressed a number.

“Hey, Ron,” he said. “It’s Kevin Gerrity. I need the county recorder’s office. Ozark County. The 1968 survey book, the Gerrity parcel, please. And I need to know who signed the stake markers.”

A pause. Then his face went very still.

“Yes,” he said quietly. “I’ll hold.”

He looked at me over the phone, and the look on his face was the one I had seen in his father’s eyes, years ago, the moment Dwight understood that something he had built would outlast him.

Part 4: The Caps

The recorder’s office in Gainesville opens at eight-thirty, and Kevin was standing at the front counter at eight-forty, with his folder under one arm and my three photographs in a clear plastic sleeve he had bought at the drugstore on the way over. I was in the passenger seat of his truck, and I had insisted on coming, though he had tried to talk me out of it twice.

“Mom, you don’t have to do this.”

“I have been doing it since 1956,” I said. “Go on.”

The clerk was a thin, tired-looking woman named Marlene, with reading glasses pushed up into gray hair and a cardigan buttoned wrong. She listened to Kevin explain, and then she held out her hand for the plastic sleeve, and studied the photographs for a long time without saying anything.

“That’s a 1968 Gerrity stake,” she said finally. “I’ve seen the survey book. There’s a note about it, in the margin, in pencil. Give me a minute.”

She disappeared into the back room. We stood at the counter in silence. Somewhere behind the wall, a copier hummed, and a radio was playing softly, some country station with a fiddle that sounded like it had been recorded in a barn.

Ten minutes later, Marlene came back with a heavy green book under one arm. It was bound in cracked cloth, and its spine was faded to the color of weak tea. She set it on the counter and opened it carefully, to a page near the middle where a folded survey map was pinned in place with a rusted paper clip.

She unfolded it slowly.

The map was hand-drawn, in blue ink, on heavy paper gone soft with age. A rectangle at the top was labeled PARENT PARCEL, GERRITY, 160 ACRES. Below it, a smaller rectangle, sketched in with fine dotted lines, was labeled BACK LOT. Along its edges, at each corner, a small circle marked a stake, and beside each circle, in the same neat hand, someone had written a name.

D.G. — NW.

D.G. — NE.

D.G. — SE.

D.G. — SW.

And at the bottom of the rectangle, below the sketch, in larger letters, underlined twice, the note that Marlene had told us she had seen.

SURVEYED FOR D.G. & FUTURE HEIRS. JOINT USE. NO DIVISION.

Kevin read it aloud in a whisper.

Marlene tapped the page with one finger. “That’s the designation,” she said. “Joint use. It means the lot was never divided from the parent parcel for title. It was set aside for shared use by the holder and his heirs, not for individual ownership. It was never meant to be deeded to one person. Your father and mother were the joint holders of record for the entire parent parcel, and the back lot is part of that.”

“Joint,” I said.

“Joint,” said Marlene.

Kevin stared at the map. Then he slowly reached into the plastic sleeve and took out the third photograph, the one with his father’s hand on the iron stake, and held it up beside the survey map so that the light from the window fell across both.

And there, in the photograph, the brass cap caught the sun.

Marlene leaned forward, squinting at the image. Then her eyes widened behind her reading glasses.

“That’s not a county cap,” she said slowly. “We never used brass. Those were custom, from the foundry in Springfield. I remember the order, because the clerk complained about the cost.” She turned the photograph toward the light, and then she read the words engraved around the rim of the cap, with a jeweler’s care that made the old letters stand out in clean relief.

SURVEYED FOR D.G. & FUTURE HEIRS. JOINT USE. NO DIVISION.

Kevin made a sound I had not heard from him since he was a little boy with a broken arm.

“He had them made,” he whispered. “He had them made for the heirs.”

“For you,” I said. “For whoever came after him. He didn’t want the back lot to be taken from anyone. He wanted it to be shared.”

Kevin sat down on the wooden bench beside the counter, very suddenly, the way his son Tyler had once sat down on the porch step after falling off his bicycle. He put the photograph on his knees and looked at it.

“Mom,” he said, very quietly, “I’ve been building on the back lot for a year. I put a pool on it. I put a fence line through the walnut grove. I put a garage on top of the place where you buried the dog. I told myself it was mine, because it was the family’s, and I was the family, and nobody had ever told me otherwise.”

“I know,” I said.

“And the whole time,” said Kevin, and his voice cracked, “the whole time, Dad had written it down. Joint use. Not mine to take, but not mine to keep either.”

“Yes.”

He looked up at Marlene, and then at me, and his face crumpled and then steadied, and he said in a voice that was very steady indeed:

“Then how do I make it right?”

Marlene closed the survey book, very gently, and put one hand flat on its cover.

“You go home,” she said, “and you fill out a joint use permit. It’s a form. It’s not hard. It has a fee, and it has conditions. And the holder of record signs it, too.” She looked at me over her glasses. “Ma’am, I’d need your signature. But first, I’d like to see that pool fence.”

I laughed, which surprised all of us.

“Honey,” I said, to my son, “you’ve got a lot of work to do.”

Part 5: Joint Use

The permit came on a Tuesday in late October, in a thick cream envelope with the county seal embossed on the flap. It was four pages long. The fee was two hundred and forty dollars a year, payable in the spring. There was a section on boundary markers, which required that all original iron stakes be preserved and recapped in brass where they were damaged, and a section on improvements, which allowed the existing structure to remain, pending review, if the holders of record agreed to its shared use.

And there was one condition that Kevin read aloud twice, in the kitchen, with his reading glasses on and his coffee going cold beside the envelope.

Any structure with a swimming pool shall be enclosed by a fence of not less than four feet, self-latching, and childproof, to be installed no later than June 30 of the following year.

“That’s from you,” he said, looking at me over the rim of his glasses.

“It is,” I said. “Grandchildren swim before lawyers file.”

He laughed, and then stopped laughing, and then just sat there with his hand on the envelope.

“Mom,” he said. “The pool’s in the deep end. The kids were already in it, in August, when they came up for the Fourth. Lily nearly went under.”

I did not say anything. I just put my hand over his.

He fenced it in April.

He did it himself, in the early mornings before work, with Tyler handing him posts and Lily holding the level, while the grandchildren ran in circles on the flagstone patio, shrieking whenever a bird flew over. The fence was black aluminum, four feet tall, with a self-closing gate that latched with a soft metallic click. Kevin tested it eleven times. I counted from the porch.

In the same month, the county’s surveyor came out to the back lot with a crew of two, a young man named Oren with a clipboard and an older woman with a laser level and a pair of muddy waders. They walked the perimeter of the lot slowly, from stake to stake, and at each corner they stopped and knelt in the grass and looked at the iron.

They found the rusted stakes, the bent caps, the scratched arrows. They found the brass caps underneath, where the original iron had worn through in places and Dwight’s engraving had been half-buried in the soil.

At the northeast corner, the woman stopped and brushed the dirt away with her thumb.

“Somebody’s been caring for these,” she said.

“My husband,” I said from the porch. “Before any of you were born.”

“He did a good job,” she said, and she smiled up at me. “They don’t make them like this anymore.”

They replaced the damaged caps in May. The new brass was polished bright and stamped with the same words as the old ones, SURVEYED FOR D.G. & FUTURE HEIRS. JOINT USE. NO DIVISION, and the county’s crew set them flush in the earth with a small ceremony that consisted of Oren saying, “Well, that’s that,” and the woman with the laser level tipping her hat to me across the lot.

Kevin came out to the porch that evening, and sat in the rocker beside me, and watched the sun go down behind the walnut grove, which had grown back thick and green along the fence line.

“Mom,” he said. “Do you want me to take the pool out?”

I thought about it for a long time.

“No,” I said. “I want you to keep it. I want the kids to swim in it. And I want you to remember that a thing can be yours to use without being yours to take.”

He nodded slowly.

“Dad would’ve liked the fence,” he said.

“Your father would have built the fence himself,” I said, “and then told you it was too tall.”

Kevin laughed, a real laugh, the kind I had not heard from him since his father’s funeral.

We sat in silence for a while, listening to the sound of the grandchildren in the pool, their voices bright and loud over the water.

Tyler came up the lawn a few minutes later, with the orange mower behind him, and he cut the back lot in stripes, the way he always did, up and back, up and back, until the grass lay flat and pale in the last of the evening light.

He stopped at the northeast corner, where the brass cap caught the sun, and knelt down beside it for a moment, and touched it with two fingers, the way you would touch the cheek of someone sleeping. Then he stood up, and walked back to the mower, and started it again.

I watched him from the porch.

The lot was mowed. It had been mowed for seventy years.

It was ours, and it always had been.

And this time, I thought, my son had finally learned it.