Thomas v. Collins
2011 Conn. App. LEXIS 358
Conn. App. Ct.2011Background
- McWeeney Jr owned a tract including lots 1 and 2 at Whispering Knolls; a 1990 conveyance of 660 Bucks Hill Rd to McWeeney III and Lori/McWeeney involved encroaching portions and a 1993 shed/fence on encroached land.
- In 1991 McWeeney Jr built a residence and driveway on lot 1 with the driveway encroaching onto lot 1; the Johnsons acquired lot 1 in 1995 with the driveway as an appurtenance.
- In 2003 Whispering Knolls Development, LLC conveyed lots 1 and 2 to Whispering Knolls and subsequently to the plaintiff, E & M Custom Homes, LLC, the substituted plaintiff.
- The plaintiff admitted in pleadings that its predecessor was ousted from possession of the disputed portions prior to conveyance, and the trial court treated this as dispositive under General Statutes § 47-21 and § 47-31.
- The trial court dismissed the action for lack of a sufficient interest to maintain a 47-31 action and held easements by implication in favor of Collins and the Johnsons over the disputed strips.
- The appellate court affirmed, holding that the ouster admission bound the plaintiff and that the evidence supported easements by implication for both parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plaintiff proved ouster of its predecessor under § 47-21 and an adequate title interest under § 47-31. | Thomas/plantiff contends ouster evidence was insufficient. | Defendants rely on pleadings admitting ouster and void conveyances under § 47-21. | Yes; admission of ouster via pleadings defeats the § 47-31 claim. |
| Whether the trial court correctly found easements by implication for the defendants. | Plaintiff argues no implied easements arose. | Defendants maintain implied easements are supported by necessity/intent and conduct. | Yes; court’s finding of easements by implication was not clearly erroneous. |
Key Cases Cited
- Lorthe v. Commissioner of Correction, 103 Conn.App. 662 (2007) (judicial admission effect in pleadings)
- MacDonald v. Pinto, 62 Conn.App. 317 (2001) (pleadings bound party; admissions dispense with proof)
- Rudder v. Mamanasco Lake Park Assn., Inc., 93 Conn.App. 759 (2006) (pleadings bound parties; admissions are conclusive)
- Sanders v. Dias, 108 Conn.App. 283 (2008) (easement by implication—necessity and enjoyment)
- Kenny v. Dwyer, 16 Conn.App. 58 (1988) (easement by implication from conduct of adjoining owners)
- McBurney v. Cirillo, 276 Conn. 782 (2006) (framework for determining implied easements; necessity and intent)
- D'Amato v. Weiss, 141 Conn. 713 (1954) (principle of implied easements and grant intended by parties)
- Marquis v. Drost, 155 Conn. 327 (1967) (limits on challenging title when adverse possession not proven)
- Waterview Site Services, Inc. v. Pay Day, Inc., 125 Conn.App. 561 (2010) (clearly erroneous standard for factual findings)