Frimberger v. Anzellotti
Connecticut Appellate Court
594 A.2d 1029 (1991)
A prior owner built a bulkhead, filled part of wetlands-adjacent land, and built a house on it; the property passed to Frimberger (defendant), who sold it to Anzellotti (plaintiff) by warranty deed free of encumbrances but subject to zoning and building restrictions. Anzellotti later did repair work and, engaging engineers due to state wetlands regulations, discovered the filled and bulkheaded area and part of the house unlawfully encroached on protected wetlands; the engineers said the violation could likely be cured by filing an explanatory application, but Anzellotti instead sued Frimberger for breach of the warranty against encumbrances, and the trial court awarded him damages covering both the cost of correction and the property's diminished value.
Whether an existing but latent violation of land-use regulations, undiscovered at the time of conveyance, constitutes a breach of the covenant against encumbrances.