Magun v. Bombaci
Connecticut Superior Court
492 A.2d 235 (1985)
Relevant factsFree
Bombaci (defendant) conveyed residential property to Magun (plaintiff) via a general warranty deed covenanting no undisclosed encumbrances existed on the property or its appurtenances, without the deed defining or locating any specific appurtenances, though both parties assumed the adjacent driveway and sewer line were included; Magun later discovered portions of the driveway and sewer line actually sat on the neighboring lot and sued Bombaci for breach of the covenant against encumbrances.
IssueFree
Whether an encumbered appurtenance may give rise to an action for breach of the covenant against encumbrances.
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