Mid-View, Inc. v. Meehan

Assuming that the encroachment of the two walls and sign on the public right-of-way constitutes an incumbrance warranted against by the deed under which appellant Mid-View, Inc., purchased the property, the first and conclusive issue raised on this appeal is whether appellant has been damaged in any way by the encroachment. The trial court concluded that no damages had been proven. We agree.

A purchaser such as appellant can maintain an action for a breach of covenant against incumbrances, but only nominal damages can be recovered in the absence of an actual injury. The reason for this rule is…