Commonwealth Land Title Insurance v. Stephenson

*380JOHNSON, Judge.

Defendants conveyed a parcel of land to plaintiff Dennis O’Neal by way of a standard warranty deed wherein defendants transferred all privileges and appurtenances to plaintiff O’Neal and covenanted that title was marketable and free and clear of all encumbrances. Unknown to all parties at the time of the transfer of this property, the septic tank system servicing the house thereon was located off the property sold and was buried in the property of the adjoining landowner.

In the summer of 1987, plaintiff O’Neal applied for a VA loan to refinance his mortgage on the property. In…