Campagna v. Parker

779 P.2d 409, 116 Idaho 734, 1989 Ida. LEXIS 140
CourtIdaho Supreme Court
DecidedAugust 28, 1989
DocketNo. 17745
StatusPublished
Cited by4 cases

This text of 779 P.2d 409 (Campagna v. Parker) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campagna v. Parker, 779 P.2d 409, 116 Idaho 734, 1989 Ida. LEXIS 140 (Idaho 1989).

Opinions

BAKES, Chief Justice.

This is an appeal from an order granting summary judgment to the vendor, Parker, in a real estate transaction with John and Annacha Campagna. At issue is the question of interpretation of the warranty of title in the contract of sale and deed. Appellant-buyers, John J. and Annacha C. Campagna, purchased a 31.5 acre Blaine County tract known as the Silver Bell Ranch from Parker. Some time after the sale was consummated, Blaine County was the prevailing party in an action to declare a public roadway easement across the northwest corner of the Campagna property. See Blaine County v. Bryson, Blaine County Civil No. 11423; Blaine County v. Bryson, 109 Idaho 123, 705 P.2d 1078 (Ct.App.1985). As the result of the judgment in that action, the Campagnas sued Parker, alleging a breach of the seller warranties of title as contained in the contract of sale and deed. The district court found that Parker’s warranties of title were specifically limited by the contract to exclude unrecorded encumbrances caused by the seller, and accordingly, granted summary judgment for defendant.

[735]*735The factual record discloses that an inspection of the property took place by Fred E. Parker and John Campagna prior to the time of sale. The two men met at the ranch property and discussed, among other things, the roadway in question which was later adjudicated to be subject to a public easement. At the time of that meeting, the roadway connected a main public thoroughfare to a long since washed out bridge spanning the Big Wood River, and was distinguishable and marked by a pole fence running parallel to it.

Each party has filed an affidavit recounting their version of the conversation during the inspection. Each account differs as to the nature and extent of Parker’s representations that day. For instance, Campagna attests that:

... the defendant Fred E. Parker did not identify the roadway as a public road, easement or other encumbrance whatsoever on the real property being purchased, but to the contrary, indicated and advised that the roadway, was privately his, was subject to his control and, in fact, was not a public easement or right-of-way whatsoever.

R., p. 94, Affidavit of John J. Campagna.

In contrast, Parker, although believing at the time that the roadway was private for lack of any known public use, alleged that his representation was limited to:

“This is a road and it’s been here all the time.” There was other discussion about the roadway and where it went. The affiant advised John J. Campagna, Jr., that, until the bridge across the Big Wood River at the west end of the road was washed away, the road had served a mine and mining properties on the west side of the river.

R., p. 42, Affidavit of Fred E. Parker.

Subsequent to that conversation, the parties executed a purchase contract which, without any mention of a possible public easement in the roadway, conveyed

... all of that certain real property located in Blaine County, state of Idaho, generally known as SILVER BELL RANCH, consisting of 31.5 acres, more or less, located on the Broadford Road, more particularly set out in that certain legal description attached hereto and incorporated herein by reference, identified as exhibit A, ...

R., p. 47, Contract, p. 1, If 1.

The warranty of title in paragraph 11 of the Contract tied the seller’s warranties to those “set forth in Schedule B, Sec. 2 of an appropriate commitment for title insurance.” Specifically, paragraph 11 stated:

11. Conveyance. The Seller shall forthwith, upon the execution of this contract, execute, acknowledge and deliver to the escrow holder Warranty Deed as above stated, conveying the real estate above described to the Buyers. The Deed shall be free and clear of all liens and encumbrances excepting only easements and exceptions as set forth in Schedule B, Section 2 of an appropriate commitment for title insurance dated as of closing, except with respect to the matter of taxes which are governed by the terms set forth in this contract. All other exceptions shall be cured by the Seller following the execution and delivery of this contract. (Emphasis added.)

R., pp. 53-54.

However, the form of commitment for title insurance contained in the record does not have a “Schedule B, Section 2” as such. Rather, the commitment issued by Lawyers Title Insurance Corporation reads' as follows:
STANDARD COVERAGE POLICY
SCHEDULE B
This policy does not insure against loss or damage by the reason of the following:
[736]*736PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
PART II
1. No liability is assumed for possible unfiled Mechanics’ or Materialmen’s liens.
2. The Taxes for 1981, a lien but not yet due and payable and the Taxes for all subsequent years.
3. Easements as reflected on Warranty Deed from Jennie W. Stumbo, the surviving widow and sole heir of Harry K. Stumbo, deceased, to Paul James Hurn and Marjorie Eleanor Hurn, husband and wife, dated December 29, 1947, recorded March 2, 1948, in Book 158 of Deeds, page 332, records of Blaine County, Idaho, reciting: “Subject to easement for water reservoir site as same now exists, also subject to easements for ditches, canals, and public roads, as same may now exist on, over and across said tracts.”
4. Power Line Easement from A.D. Granden and Elsie Granden, his wife, to Idaho Power Company, dated October 6,1948, recorded April 23,1949, in Book 159 of Deeds, page 124, records of Blaine County, Idaho, granting right-of-way and easement over and across the SWVíSWVí of Section 15, Tp. 2 N., R. 18 E., B.M., for the purpose of erecting and maintaining electric transmission, distribution and telephone lines and circuits.
5. Unrecorded Contract of Sale from Fred E. Parker, a single man, to John J. Campagna, Jr. and Anncha C. Campagna, husband and wife, dated May 18, 1981.
6. Defects, liens or encumbrances, created or suffered by Fred E.

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Cite This Page — Counsel Stack

Bluebook (online)
779 P.2d 409, 116 Idaho 734, 1989 Ida. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campagna-v-parker-idaho-1989.