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Magun v. Bombaci

492 A.2d 235 (1985)

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Magun v. Bombaci

Connecticut Superior Court

492 A.2d 235 (1985)

Facts

Bombaci (defendant) granted a general warranty deed conveying his residential property to Magun (plaintiff). The deed covenanted that there were no undisclosed encumbrances on the property or its appurtenances. The deed did not define or locate the appurtenances, but both Bombaci and Magun assumed they included the adjacent driveway and sewer line. Magun later discovered that portions of the driveway and sewer line actually lay on the neighboring lot. Magun sued Bombaci for breaching the covenant against encumbrances. Magun argued that the driveway and sewer line were so related to the reasonable use of the property that they were among the appurtenances to which the deed applied.

Rule of Law

Issue

Holding and Reasoning (Higgins, J.)

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