McCormick v. Crane
Annotate this CaseChristopher McCormick filed a complaint against Lawrence Crane alleging breach of warranty because the warranty deed by which Crane and his wife conveyed oceanfront property to McCormick inaccurately specified the location of an easement across the land. The superior court granted McCormick's motion to dismiss for failure to state a claim. The Supreme Court affirmed, holding (1) because the alleged confusion about the easement's boundaries did not disrupt McCormick's possessory rights in a way that constituted a functional eviction from a portion of his property, McCormick failed to state a claim for relief based on the breach of the covenant of warranty; and (2 )because the deed from the Cranes fully disclosed the existence of an easement that provided certain nearby parcels with ocean access, McCormick failed to state a claim for breach of the warranty of freedom from encumbrances.
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