16 Conn. App. 555 | Conn. App. Ct. | 1988
In this action for the reformation of a deed and purchase agreement and for the breach of deed warranties, the plaintiffs appeal from the judgment of the trial court. The plaintiffs claim that the court erred
On September 9, 1976, the defendant executed a warranty deed conveying 1.008 acres, known as 120 Zaccheus Mead Lane in Greenwich, to the plaintiffs. The parcel, which is improved by a single-family detached home, is bounded on the southwestern side by a stone wall and on the southern side by a public road. A driveway runs from the public road to the house.
The deed, which was duly recorded, gives notice that the parcel is subject to “restrictions, covenants, agreements and reservations set forth in the aforesaid deed of the Indian Spring Land Company.” Approximately three years later, the Indian Spring Land Company (Indian Spring) served the plaintiffs with notice that a septic field, appurtenant to the house and installed by the defendant in 1968, was located on Indian Spring property. Indian Spring informed the plaintiffs that it intended to dispute any right of the plaintiffs to maintain the existing septic field on its land. Thereafter, the plaintiffs had a survey performed which disclosed that portions of what they believed to be their property were, in fact, the property of Indian Spring.
The plaintiffs also offered as exhibits certain photographs that showed that the parcel had been maintained to the stone wall and that the property on the far side of the wall remained in its natural state. The photographs also depicted the area on either side of the driveway improved by the plantings and Belgian blocks.
In contrast to the plaintiffs’ testimony, the defendant claimed that she only pointed out one tree located fifty-seven feet from the house which is located on the property line. She also denied the accuracy of any affirmative representation made by her regarding the stone wall or the area improved by the plantings. The defendant did concede, however, on questioning by the court, that she was aware of where the septic field installed by her in 1968 had been located and that it was being installed on property which she believed to be her own. The court found that the plaintiffs had proven that the septic field was located on land which they
There is error, the judgment is set aside and the case is remanded for a new trial.
In this opinion the other judges concurred.
The plaintiffs subsequently brought an action against Indian Spring, which resulted in a stipulated judgment dated November 28, 1979. That