Mastronardi v. Infante

642 A.2d 84, 34 Conn. App. 584, 1994 Conn. App. LEXIS 200
Connecticut Appellate Court·Decided May 31, 1994·No. 11870·Published·Cited by 9 cases

Opinion

Foti, J.

The defendants1 appeal from the judgment rendered in favor of the plaintiffs, Gerardo Mastronardi and Angela Mastronardi. Following a trial before an attorney state trial referee; see General Statutes § 52-434 (a) (4); Practice Book § 428 et seq.; the trial court accepted the referee’s reported findings determining the boundaries of a certain easement, and rendered judgment. On appeal, the defendants claim that the trial court improperly (1) sustained the referee’s findings of fact, and (2) sustained the conclusions based on those findings. We affirm the judgment of the trial court.

The evidence introduced at trial supports the following facts. The dispute centers on three separate maps: (1) a map entitled “Resubdivision of Lot 2 prepared for Pinewood-Monroe, Inc., Cutlers Farm Road, Monroe, Conn., Scale: 1" = 40' Mar. 1,1986,” recorded at the town clerk’s office in Monroe on September 19,1986, and designated map no. 1887 (map one);2 (2) an unnum[586] bered and unrecorded map entitled “Resubdivision of Lot 2 prepared for Pinewood-Monroe, Inc., Cutlers Farm Road, Monroe, Conn., Scale: 1" = 40' Mar. 1, 1986 Revised July 11,1986” (map two); and (3) a map entitled “Map Showing Easement prepared for Michael Infante, Cutlers Farm Road, Monroe, Conn. Scale: 1" = 40' May 24, 1990,” recorded June 12, 1990, and designated map no. 2148 (map three).3

For some time prior to September, 1986, the named defendant, Josephine Infante, owned approximately three and one-third acres of land in Monroe known as 310 Cutlers Farm Road. On September 2, 1986, she deeded approximately one acre of the parcel to Anthony Testo subject to an easement. The deed designated the parcel as “Lot A on a certain map entitled, ‘Resubdivision of Lot 2’ prepared for Pinewood-Monroe, Inc., Cutlers Farm Road, Monroe, Conn., Scale: 1" = 40' Mar. 1, 1986 Revised July 11, 1986 which map is on file in the office of the Town Clerk to which reference may be had for a more particular description of the premises.” Although this deed referred to the map as “on file” in the office of the town clerk, the defendants concede that a map with that title was never recorded.4

The deed further contained language reserving a driveway easement in favor of “Parcel B,” the portion of the Cutlers Farm Road property retained by the named defendant. The deed also provided that “[t]he Grantor reserves the right to install a black top driveway upon the driveway easement and reserves the right and assumes the obligation to maintain and repair and [587] snow plow said driveway . . . [and] the right to plant hemlocks for screening along driveway easement.”

On October 2,1986, the deed from the named defendant to Testo was recorded in the Monroe town clerk’s office. On September 19, 1986, after execution of the deed, but before the deed was recorded, map one was filed in the Monroe town clerk’s office. While not specifically labeled as an easement, an easement area is shown by broken lines on this map, crossing lot A from Cutlers Farm Road east to a shed owned by the defendants.5 Both parties agree that this described an existing paved driveway to the shed servicing lot B.

On October 21,1986, Testo conveyed his interest in lot A to Jefferson Scinto and David Shapiro (Testo deed). The deed was recorded October 22, 1986, and incorporated the exact legal description of the property contained in the prior deed including the words “Revised July 11, 1986,” but identifying the map on file as map no. 1887 (map one).

On May 8, 1987, Scinto and Shapiro deeded their interest in lot A to the plaintiffs, Gerardo and Angela Mastronardi (Scinto-Shapiro deed). That deed omitted the words “Revised July 11,1986” but designated the relevant map as map one. Both the Testo deed and the Scinto-Shapiro deed indicated that lot A was conveyed subject to “a driveway easement as shown on said map in favor of Parcel B; easements conditions and agreements contained in a deed from Josephine Infante to Anthony Testo dated September 2, 1986 . . . .”

Sometime after the plaintiffs obtained title to lot A, the defendants made certain improvements to lot B, building another garage to the east of their current garage. In conjunction with those improvements, the [588] defendants paved an additional area. In 1990, the defendants planted hemlock trees along the lot A side of the driveway, extending beyond the area of the shed.

On June 12, 1990, map three was recorded in the Monroe town clerk’s office. The purported easement shown on that map is greater than the driveway easement shown on map one and extends beyond the shed.

The sole issue to be determined is whether the trial court improperly accepted the referee’s findings of fact, adopted her report and concluded that the easement at issue was as shown on map one.6 The defendants [589] argue that no easement appears on map one, but even if it is assumed that one is shown, “the alleged peninsula shaped ‘easement’ in the rear serves no purpose. Certainly, it was not Mrs. Infante’s intent to create an easement which would not serve her purpose.” The defendants also argue that their right to claim the easement is not affected by the fact that the map showing the larger easement was not recorded until three and one-half years after the land had been transferred.

We agree with the defendants that a deed is not invalidated merely by the fact that it references an unofficial, unattached or unrecorded map, and that a description in a deed may not be invalidated because it refers to an unrecorded map. The issue, in this case, however, is not whether an easement existed, but the extent and location of the easement.7 The defendants ask us to find that the trial court’s conclusions were improper as a matter of law. They ask us to determine that an easement, specifically that shown on map three, not recorded until years after an original conveyance and two intervening conveyances, was within the chain [590] of title and binding on the plaintiffs, even where no physical evidence of the easement existed on the property. We cannot do that.

Free access — add to your briefcase to read the full text and ask questions with AI

Mastronardi v. Infante, 642 A.2d 84, 34 Conn. App. 584, 1994 Conn. App. LEXIS 200 (Colo. Ct. App. 1994).

642 A.2d 84 (Mastronardi v. Infante) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gallo-Mure v. Tomchik
829 A.2d 8 (Connecticut Appellate Court, 2003)
State v. Gritz, No. Cr96-103069 (Jan. 5, 2000)
2000 Conn. Super. Ct. 1425-ac (Connecticut Superior Court, 2000)
Cadle Co. v. Ginsburg
721 A.2d 1246 (Connecticut Appellate Court, 1998)
Friedman v. Town of Westport
717 A.2d 797 (Connecticut Appellate Court, 1998)
Kallas v. Harnen
709 A.2d 586 (Connecticut Appellate Court, 1998)
Castonguay v. Plourde
699 A.2d 226 (Connecticut Appellate Court, 1997)
Khargie v. Shapiro, No. Cv 95-0550595 S (Sep. 20, 1996)
1996 Conn. Super. Ct. 5496-BBBBB (Connecticut Superior Court, 1996)
Mastronardi v. Infante
648 A.2d 154 (Supreme Court of Connecticut, 1994)
Khan v. Dunville's Restaurant, No. 298525 (Aug. 4, 1994)
1994 Conn. Super. Ct. 7902 (Connecticut Superior Court, 1994)