McCormick v. Crane
2012 ME 20
| Me. | 2012Background
- McCormick appeals a dismissal of his breach-of-warranty complaint regarding a 2001 deed conveying oceanfront property.
- The deed states the property is conveyed subject to a trail to Ocean as shown on a Plan recorded in multiple deeds.
- The Plan is titled Plan for a Private Way, Deans Way, prepared for Dr. Lawrence Crane and recorded in Cumberland County.
- Crane moved to dismiss under Rule 12(b)(6), attaching deeds showing the referenced books/pages describe the easement as the traveled way as it now exists, relocatable by Margaret Crane.
- McCormick alleged the Plan’s depiction of the easement differed from its location “as it now exists,” and the court dismissed; the issue was on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misdescribed encumbrances can breach warranty of title. | McCormick claims undisclosed easement constitutes a breach. | There was disclosure via the Plan and accompanying deeds. | No eviction; no breach under warranty of warranty. |
| Whether a mislocated encumbrance can breach the warranty of freedom from encumbrances when the encumbrance is disclosed. | Plan conflicting with current easement location constitutes undisclosed encumbrance. | Encumbrance was disclosed in the deed; plan discrepancy does not breach. | Disclosed encumbrance precludes breach of the freedom-from-encumbrances warranty. |
Key Cases Cited
- Harrington v. Bean, 89 Me. 470 (Me. 1897) (distinguishes when encumbrances breach warranties; focus on disclosure and value impact)
- Glover v. O’Brien, 100 Me. 551 (Me. 1905) (disturbance of possession by paramount title supports warranty breach)
- Holmes v. Danforth, 83 Me. 139 (Me. 1891) (plan-disclosed encumbrance can satisfy warranty; land as described bears on onere of encumbrance)
- Tammac Corp. v. Miller-Meehan, 643 A.2d 370 (Me. 1994) (breach when encumbrance not disclosed; damages measured by loss in value)
- Bradstreet v. Bradstreet, 158 Me. 140 (Me. 1962) (plan referenced in deed incorporated; encumbrance disclosure scope)
- Bradstreet v. Winter, 119 Me. 30 (Me. 1920) (plan/incorporation of encumbrance description in deed; disclosure analysis)
- Page v. Nissen, 254 A.2d 592 (Me. 1969) (title claims; boundaries; not breach of warranty claims)
- Smith v. Sweat, 90 Me. 528 (Me. 1897) (title claims vs. warranty claims distinctions)
- Proprietors of Kennebec Purchase v. Tiffany, 1 Me. 219 (Me. 1821) (early incorporation of plans into deeds; encumbrance disclosure)
- Johnston v. Me. Energy Recovery Co., 2010 ME 52 (Me. 2010) (de novo review of Rule 12(b)(6) sufficiency; favorable view of plaintiff)