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BIANCHI v. LORENZ

No. 95-224.

701 A.2d 1037 (1997)

Anthony and Nancy BIANCHI v. Michael and Karen LORENZ.

Supreme Court of Vermont.

July 11, 1997.

Attorney(s) appearing for the Case

Vincent A. Paradis and Daniel P. O'Rourke of Bergeron, Paradis, Fitzpatrick & Smith, Essex Junction, for plaintiffs-appellees.

Frank H. Langrock of Langrock Sperry & Wool, Burlington, for defendants-appellants.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

DOOLEY, Justice.

Defendants Michael and Karen Lorenz appeal from a judgment entered against them holding that a sale of property that was in violation of zoning laws breached the covenant against encumbrances in a warranty deed. We affirm the judgment and hold that an encumbrance exists when the seller can determine from municipal records that the property is in violation of local zoning law at the time of conveyance and the violation substantially impairs the purchaser...

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