FOR PUBLICATION

ATTORNEY FOR APPELLANTS: ATTORNEYS FOR APPELLEES:
    
JOHN A. KRAFT James G. Vogt, Jr. and Nancy H. Vogt:
Young, Lind, Endres & Kraft     CRAIG D. DOYLE
New Albany, Indiana     MARK S. GRAY
    Doyle & Friedmeyer, P.C.
    Indianapolis, Indiana
                                  Marine Builders, Inc.:
     ERNEST W. SMITH
    Smith, Bartlett, Heeke, Carpenter,
     Thompson & Fondrisi, LLC    Jeffersonville, Indiana

LEO H. MEYER and CHERYL D. MEYER,    )

     Appellants-Defendants,           )
                                      )
        vs.                           )    No. 10A01-0304-CV-123 
                                      )
MARINE BUILDERS, INC.,                )
    Appellee-Plaintiff,               )

Whether a prior agreed judgment between the parties and/or their privies bars litigation of the disputed issues pursuant to the doctrine of res judicata;

Whether the trial court erred by reforming the warranty deed for the property in dispute because the Vogts did not present clear and convincing evidence that reformation was appropriate; and

Whether the Meyers’ Warranty Deed has priority over the Vogts’ See footnote pursuant to Indiana Code Section 32-1-2-16.

Beginning at the southwest corner of lot number 6, Thence N 72 degs. W, 92.15 feet to a PK rail, The True Point of Beginning for the following described tract; Thence N 72 degs. W, 127.85 feet to a point; Thence N 18 degs. E, 100.00 feet to a point; thence S 72 degs E, 127.85 feet to point marked by a PK nail; Thence S 18 degs. W, 100.00 feet to point, the true of beginning, containing 0.2935 acres more or less. Subject to a roadway easement as described in Deed Drawer 2, Instrument No. 6566.

Appellants’ App. at 6. The Warranty Deed for this parcel of real estate was recorded on June 24, 1999.

Beginning at the southwestern corner of said Lot 6; Thence N. 72 W., 245 feet to a steel pin on southeast right-of-way line of a 31.5 foot wide ingress and egress easement; Thence N. 18 E., along said southeast line, 100 feet; Thence S. 72 E., 176.42 feet to a steel pin; Thence N. 18 degrees E., 5 feet to a steel pin; Thence S. 72 degrees E., 298.5, more or less, to the line dividing the State of Indiana and the Commonwealth of Kentucky; Thence Southwestwardly along said dividing line, 105 feet more or less, to the southeastern corner of the said lot 6, Thence N. 72 degrees W., along the southwestern line of said lot 230 feet, more or less, to THE PLACE OF BEGINNING. Containing 1.12[See footnote ] acres, more or less, and being subject to all easements of record.

Id. at 64. The Warranty Deed for the Meyers’ Property, which was recorded on August 8, 2000, specifically excludes the property previously conveyed by Knauss to MBI.

Beginning at the southwest corner of lot number 6, Thence N 72 degs. W, 117.15 feet to a PK rail, The True Point of Beginning for the following described tract; Thence N 72 degs. W, 127.85 feet to a point; Thence N 18 degs. E, 100.00 feet to a point; thence S 72 degs E, 127.85 feet to point marked by a PK nail; Thence S 18 degs. W, 100.00 feet to point, the true of beginning, containing 0.2935 acres more or less. Subject to a roadway easement as described in Deed Drawer 2, Instrument No. 6566.

Id. at 22 (emphasis added). See footnote On April 9, 2002, in their Answer to the Amended Complaint, the Meyers asserted several defenses including, in relevant part, that: (1) MBI’s claim was barred by the statute of frauds; (2) MBI’s claim was barred pursuant to Indiana Code Section 32-1-2-16, because the Meyers’ interest in the property was superior to any interest claimed by MBI; (3) MBI has no standing to bring a cause of action because it no longer holds title to the real estate subject to the controversy; and (4) MBI’s claim was barred by the doctrine of res judicata. Id. at 25-26. On August 14, 2002, the Vogts filed a cross-claim requesting that the trial court quiet title in their name and reform the legal description of the Vogts’ Property.
    On October 21, 2002, the Vogts filed a motion for summary judgment. Attached to their motion were the affidavits of Thomas J. Boofter (“Boofter Affidavit”) and David W. Evanczyk (“Evanczyk Affidavit”). In response, the Meyers filed a cross-motion for summary judgment and an objection to the Vogts’ motion for summary judgment. The Meyers also filed motions to strike portions of the Boofter and the Evanczyk Affidavits. In addition, attached to the Meyers’ cross motion for summary judgment was an affidavit of Mr. Meyer (“Meyer Affidavit”). On December 26, 2002, MBI filed a motion to join in the Vogts’ motion for summary judgment, which the trial court granted.

Commencing at an iron pin marking the Northwest corner of the plat of Shore Acres and running thence South 72ÚSee footnote East along the Southern Line of Church Street for a distance of 31.5 feet to the Northwest corner of Lot 29 of Shore Acres; thence running South 18ÚSee footnote West along the Western line of Lots 29, 28 and 27 for a distance of 120 feet to a point, the TRUE PLACE OF BEGINNING of the tract herein described:Thence severing Lot 27 and running South 72ÚSee footnote East for a distance of 132.5 feet to a spike in Lot 12 and in the center of a certain 25 foot wide easement (roadway right-of-way); thence South 18ÚSee footnote West along the center of said 25-foot wide easement for a distance of 100 feet to a spike in Lot 14; thence running North 72ÚSee footnote West (crossing into Lot 25 at 12.5 feet) for a distance of 132.5 feet to a rebar in the West line of Lot 25; thence running North 18ÚSee footnote East along the Western line of Lots 25, 26 and 27 for a distance of 100 feet to the true place of beginning. Id. at 106. It is from this judgment that the Meyers now appeal. See footnote

Appellants’ App. at 91-92 (emphasis added). The Meyers argue that the emphasized portions of the Boofter Affidavit are not grounded in fact, but rather, in speculation. As such, the Meyers’ argument continues, the emphasized portions are improper material for an affidavit supporting a summary judgment motion and should have been stricken by the trial court. We disagree.
    First, we observe that, on appeal, the Meyers do not dispute Boofter’s professional credentials and other qualifications as a land surveyor. Indeed, in the portion of the Boofter Affidavit that the Meyers do not challenge, Boofter affirms that he is a registered land surveyor and routinely performs surveys of real property. Thus, Boofter qualifies as an expert witness. See, e.g., Romine v. Gagle, 782 N.E.2d 369, 382 (Ind. Ct. App. 2003) (acknowledging that a professional land surveyor who owns his own land surveying business is an expert); see also Longabaugh v. Johnson, 163 Ind. App. 108, 111, 321 N.E.2d 865, 867 (1975) (recognizing that a surveyor was an expert witness).
Indiana Evidence Rule 702 governs expert testimony and provides that:
(a)     If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

As an expert witness, Boofter was able to testify in the form of an opinion. Thus, the disputed portions of the Boofter Affidavit were admissible under Indiana Evidence Rule 702. Accordingly, the trial court did not abuse its discretion by denying the Meyers’ motion to strike portions of the Boofter Affidavit that contain opinion testimony.

9.    . . . I now believe that the metes and bounds portion of the legal description drawn by Elstone & Luther does not describe the tract which appears in the drawing.

Appellants’ App. at 96-97 (emphasis added and internal citations omitted).
    The Meyers contend that the trial court abused its discretion by refusing to strike the emphasized portions of the Evanczyk Affidavit because they express opinions and conclusions not grounded in fact and because they constitute inadmissible hearsay. Evanczyk is not a land surveyor or an expert witness. Rather, he is a lay witness and, as such, is generally not permitted to provide opinion testimony.
However, Indiana Evidence Rule 701 provides that:
If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue.

An opinion under Indiana Evidence Rule 701 is rationally based, for purposes of the rule, if it is one that a reasonable person normally could form from the perceived facts. Mariscal v. State, 687 N.E.2d 378, 380 (Ind. Ct. App. 1997). In addition, an opinion is helpful, for purposes of the rule, if the testimony gives substance to facts, which were difficult to articulate. Id.
    In the present case, the controversial portions of the Evanczyk Affidavit meet the requirements of Indiana Evidence Rule 701 because the opinions expressed are ones that a reasonable person could normally form from the perceived facts. In particular, in the unchallenged portions of his affidavit, Evanczyk affirms that:
During 1999 I negotiated with [Knauss] to purchase a tract approximately three tenths of an acre, in Shore Acres. The tract . . . extended from the edge of the 31.5 foot ingress/egress easement to the Ohio River. I made an agreement to purchase that portion of that real estate that extended from the easement to the center of Shore Acres Drive.

6.    Both [Knauss] and I viewed the drawing of the property prepared by Elstone & Luther before the sale was consummated. [I was satisfied that the drawing of the tract to be sold was accurate. See footnote ] . . .

[MBI] paid consideration for and intended to receive a tract of land approximately 100 feet wide, extending from the edge of the 31.5 foot ingress/egress easement to the center of Shore Acres Drive. That tract would include all of Lot 26, and parts of Lots 25 and 27 in the original plat of Shore Acres Drive.

Now, I am informed and believe there is a blunder in the legal description written by Elstone & Luther. . . .

Appellants’ App. at 95-97.
    Evanczyk’s undisputed perceived facts could lead a reasonable person to express the opinion that “the metes and bounds portion of the legal description drawn by Elstone & Luther does not describe the tract which appears in the drawing.” Id. at 97. They could further prompt a reasonable person to conclude that “the location of the tract described by metes and bounds within the legal description is 25 feet further East than that contemplated by [Knauss] and [Evanczyk] in [the] sale transaction.” Id. at 96-97. Accordingly, the controversial portions of the Evanczyk Affidavit that constitute opinion testimony are rationally based upon the perception of Evanczyk. They are also helpful in providing a clear understanding of Evanczyk’s testimony. As such, the trial court did not abuse its discretion by denying the Meyers’ motion to strike the controversial portions of the Evanczyk Affidavit.

8.    Any rights that . . . [Kunz] . . . [his] successors, heirs and assigns have regarding the [MBI’s] road or its present location . . . are hereby terminated.

. . . The lines of lot nos. 28 and 29 and part of lots nos. 25, 26 and 27 owned by [Kunz] are hereby extended into the “Easement for Ingress and Egress” . . . up to the present location of [MBI’s] road and fee simple title to said real estate is quieted in [Kunz. MBI] its successors, heirs and assigns are hereby granted an easement over the said extension of the real estate of . . . [Kunz, his] successors, heirs and assigns for the purpose of complying with any sight and sound barrier required by the U.S. Army Corps of Engineers. [MBI] shall not dispute with . . . [Kunz] the present location of [his] lot lines in Shoreacres which run in the east-west direction and perpendicular to the Ohio River.

Appellants’ App. at 16-17.
    Although MBI and Kunz, i.e., the Meyers’ and the Vogts’ predecessor in interest, were subject to the Agreed Judgment, the doctrine of res judicata does not operate, on these facts, to bar the present litigation. The Agreed Judgment merely extended Kunz’s property up to the road owned by MBI and, simultaneously, granted MBI an easement over the extension. The claim of who owned the disputed parcel of property, i.e., a parcel that includes Kunz’s extended lot lines, was not, and could not have been, addressed in the Agreed Judgment. At the time of the Agreed Judgment, Kunz owned the disputed parcel of property free of any cloud of title. Thus, the doctrine of res judicata does not apply to the present litigation.

6.    Both [Knauss] and I viewed the drawing of the property prepared by Elstone & Luther before the sale was consummated.

7.    [MBI] paid consideration for and intended to receive a tract of land approximately 100 feet wide, extending from the edge of the 31.5 foot ingress/egress easement to the center of Shore Acres Drive. That tract would include all of Lot 26, and parts of Lots 25 and 27 in the original plat of Shore Acres Drive.

Appellants’ App. at 95-97. From these excerpts, it is clear that MBI’s intent in executing the Warranty Deed with Knauss was to purchase the parcel of real estate in dispute, i.e., a parcel of land that extends to and borders the easement for ingress and egress. It is also clear from these portions of the Evanczyk Affidavit that, prior to executing the Warranty Deed, Knauss and Evanczyk walked along the property together and discussed the dimensions of the property.
Moreover, the Evanczyk Affidavit demonstrates that the contracting parties relied upon the land survey prepared by Elstone & Luther when they executed the Warranty Deed. However, the Boofter Affidavit, which was also attached to the Vogts’ motion for summary judgment and properly designated to the trial court, reveals that Boofter, a land surveyor, followed “the metes-and-bounds description in the Knauss-to-[MBI] deed.” Id. at 91. In so doing, Boofter discovered that “[i]f the calls and distances set out in the Elstone-Luther legal description are traced from the Southwest corner of Lot Number 6, then the resulting parcel does not reach the line of the ingress-egress easement on the West . . . .” Id. at 91-92. Moreover, when Boofter personally inspected the land, he found that “[t]he starting point identified in the Elstone & Luther legal description was mis-identified [sic] as the Southwest corner of Lot 6,” and as a result, “the metes-and-bounds legal description developed by Elstone & Luther is not congruent with the parcel staked by them and depicted in their drawing.” Id. at 92-93. Accordingly, the designated evidence reveals that the legal description contained in the survey performed by Elstone & Luther and the parcels staked by them do not dovetail.
Although the survey performed by Elstone & Luther is prima facie evidence of the lot lines intended by Knauss and MBI when they executed the Warranty Deed, its “legal effect is merely to furnish one species of evidence, which may or may not be material, in the determination of a question of title, and which may be entirely controlled and overcome by evidence of another kind.” Spacy v. Evans, 152 Ind. 431, 433-34, 52 N.E. 605, 606 (1899). The evidence of another kind, in this case, reflects that the Elstone & Luther survey was inaccurate.
We further note that an inaccurate survey may go undetected by interested parties, who are not professional land surveyors or otherwise accustomed to reviewing land surveys, until a subsequent survey reveals the error. Such is the case here. Although Knauss did not testify as to whether he intended to convey the parcel of property in dispute to MBI when the parties executed the Warranty Deed, the designated evidence is sufficient to establish Knauss’s intent. Because Knauss and MBI, through its agent Evanczyk, both relied upon the inaccurate survey and because the resulting Warranty Deed does not express the contracting parties’ intent, a mutual mistake occurred in the execution of the Warranty Deed as a matter of law. Accordingly, the trial court properly reformed the Warranty Deed between Knauss and MBI to more accurately reflect the contracting parties’ intent. See footnote As such, we find no error.See footnote

(b)     A conveyance, mortgage, or lease takes priority according to the time of its filing. The conveyance, mortgage, or lease is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser’s, lessee’s, or mortgagee’s deed, mortgage, or lease is first recorded.

The purpose of the recording statute is to provide protection to subsequent purchasers, lessees, and mortgagees. Szakaly v. Smith,