Ensberg v. Nelson

Spearman, A.C.J.

¶1 The main question on appeal is whether a seller of property breaches the statutory warranty deed covenant against encumbrances when, at the time of conveyance, the property is part of a homeowners’ association and there is a judgment against the homeowners’ association, but the owner of the property is not a judgment debtor, there is no lien against the property, and there is no evidence of the association’s ability to assess the property owner to pay the judgment. We hold that the seller does not breach the warranty against encumbrances in such circumstances. We also hold…