Tuesday, December 24, 2013

Frimberger v. Anzellotti case brief

Frimberger v. Anzellotti case brief summary
594 A.2d 1029 (1991)

CASE SYNOPSIS
Appeal by defendant from the judgment of the Superior Court in the judicial district of Middlesex (Connecticut) for plaintiff in an action to recover damages for breach of warranty against encumbrances in connection with the sale of real property and for innocent misrepresentation of real property.

CASE FACTS
Defendant conveyed property to plaintiff by warranty deed without knowing that the wetlands was filled without a permit and in violation of Conn. Gen. Stat. § 22a-28 et seq. The alleged violation was unknown to defendant, was not on the land records and was discovered only after plaintiff attempted to get permission to perform additional improvements to the wetlands area. The trial court awarded plaintiff damages for breach of warranty against encumbrances and innocent misrepresentation of real property.

DISCUSSION

  • On appeal, the court reversed, holding that the concept of encumbrances could not be expanded to include latent conditions on property that violates statutes or government regulations. 
  • In addition, because the warranty of covenant against encumbrances was not violated, no misrepresentation was made.
CONCLUSION
Reversed award of damages to plaintiff for breach of warranty against encumbrances because encumbrances cannot be expanded to include latent conditions on property that violate statutes or government regulations; no innocent misrepresentation of real property was made absent breach of warranty.


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