Wilcox v. Pioneer Homes, Inc.

Pioneer Homes (defendant) built and conveyed a house to the Wilcoxes (plaintiffs) with a warranty deed promising title free of encumbrances. When the Wilcoxes later tried to sell, a survey revealed the lot was narrower than represented, placing the house only five feet from the lot line in violation of a municipal setback ordinance and a subdivision restrictive covenant. The Wilcoxes spent $1,500 buying an adjoining strip to cure the violation and then sued Pioneer for breach of the warranty against encumbrances; the trial court granted Pioneer summary judgment, and the Wilcoxes appealed.

Whether an existing violation, at the time of conveyance, of a public restriction on the use of land constitutes an encumbrance for purposes of the warranty against encumbrances.