Brault v. Welch

Summary

The Vermont Supreme Court affirmed judgment for Jeanne Welch in a dispute over the location and meaning of a deeded right-of-way to Lake Champlain. The court held that the phrase “southerly thereof” unambiguously placed the easement south of an existing block wall and rejected the plaintiffs’ proposed interpretation and unpled reformation theory. The court also upheld denial of the plaintiffs’ motion to alter or amend based on a survey that could have been presented at trial.

Holdings

1. The deed language was unambiguous and placed the five-foot right-of-way south of the existing block wall. Because the language was unambiguous, it had to be enforced as written without resort to extrinsic evidence.
2. The court could not reform the deed on the record presented. Reformation was not pleaded, and even assuming the issue was tried by consent, the Braults failed to prove beyond a reasonable doubt a prior agreement that would establish the intended conveyance.
3. The trial court did not abuse its discretion by denying the Rule 59 motion, refusing to reopen the evidence to admit the post-trial survey, or declining to order a new trial.

Questions Presented

1. Whether the deed description of a five-foot right-of-way running along the existing block wall and southerly thereof was ambiguous.
2. Whether the court could reform the deed to place the easement north of the block wall despite the absence of a pleaded reformation claim and evidence of the original parties' agreement.
3. Whether the trial court abused its discretion by denying the motion to alter or amend, refusing to reopen the evidence to admit a post-trial survey, or ordering a new trial.

Disposition

affirmed