LaFreniere v. Sprague

Decision Date22 December 1970
Docket NumberNo. 966-A,966-A
Citation108 R.I. 43,271 A.2d 819
PartiesEmery E. LaFRENIERE et ux. v. Vernon SPRAGUE et ux. ppeal.
CourtRhode Island Supreme Court

Edward M. Botelle, Westerly, Z. Hershel Smith, Providence, for plaintiffs.

Paul P. Pederzani, Jr., North Kingstown, for defendants.

OPINION

ROBERTS, Chief Justice.

This civil action was brought to enjoin the defendants, hereinafter referred to as the Spragues, from trespassing upon land title to which is claimed by the plaintiffs, hereinafter referred to as the LaFrenieres. The LaFreniere lot extends eastward from Old Baptist Road in the town of North Kingstown to a depth of about 415 feet, and the area in dispute lies along the southerly boundary of this lot. The Spragues are the owners of a lot of land also extending easterly from Old Baptist Road for a distance of about 415 feet adjoining the LaFreniere lot on the south. The Spragues subsequently filed a cross complaint seeking to enjoin the LaFrenieres from trespassing upon the disputed area.

The case was tried in the Superior Court to a justice sitting without a jury. The court subsequently found that record title to the disputed area was in the Spragues and that the LaFrenieres had failed to establish acquiescence on the part of the Spragues in the location of the boundary line as claimed by the LaFrenieres. He found that they had failed also to establish that they had acquired title to the disputed area by adverse possession for a time in excess of the statutory period of ten years as provided in G.L.1956, § 34-7-1. From that decision the LaFrenieres have prosecuted an appeal to this court.

The matter at issue is the precise location of the line that constitutes the southern boundary of the LaFreniere lot and the northern boundary of the Sprague lot. This boundary extends easterly from Old Baptist Road, according to the deeds, for a distance of about 415 feet, more or less. The LaFrenieres contend that their deed, conveying to them a tract 100 feet wide and 415 feet in depth, includes the disputed area which appears to be about 10 feet in width extending easterly between the two properties from Old Baptist Road.

The record discloses that in November 1955 the LaFrenieres purchased their tract of land from Edwin W. Huling and Mary E. Huling, hereinafter referred to as the grantors. There is evidence in the record to the effect that Mr. Huling had first wanted to sell LaFreniere an 85-foot lot, but that LaFreniere insisted on having a 100-foot lot so that he could erect a ranch-type house and garage. In the deed conveying the property from the grantors to the LaFrenieres, the lot was described as follows:

'Commencing at a stone marker on the southwesterly corner of land now or formerly of Warren E. Williams and Bertha M. Williams, thence running easterly bounded northerly partly by said Williams land and partly by land now or formerly of Errol O. Noel and Avis E. Noel, a distance of four hundred fifteen (415) feet, more or less, to a stone marker; thence turning and running southerly one hundred (100) feet; thence turning and running westerly a distance of four hundred fifteen (415) feet, more or less, to Old Baptist Road, the last-two mentioned courses bounding easterly and southerly on land of these grantors; thence turning and running northeasterly, bounding northwesterly on said Old Baptist Road, a distance of one hundred (100) feet, more or less, to the point and place of beginning.'

It further appears that on December 5, 1955, the Spragues purchased their lot from the grantors. This was the portion of the tract lying immediately to the south of the lot conveyed by the grantors to the LaFrenieres, and the description contained in the deed is as follows:

'Commencing at a point in the northwesterly corner of the within-described premises, being the southwesterly corner of land now or formerly of Emery E. LaFreniere and Helen E. LaFreniere, thence running easterly, bounded northerly by said LaFreniere land, a distance of four hundred fifteen (415) feet, to a point; thence turning and running southerly a distance of one hundred (100) feet; thence turning and running westerly four hundred fifteen (415) feet, more or less, to Old Baptist Road, the last two-mentioned courses bounding easterly and southerly on land of these grantors; thence turning and running northeasterly, bounding northwesterly on said Old Baptist Road, a distance of one hundred (100) feet, more or less, to the point and place of beginning.'

The LaFrenieres claim that the trial justice erred in finding that the record title to the disputed area was in the Spragues. As we understand the LaFrenieres, they base this claim on their contention that their deed was ambiguous and that the evidence established that there was an agreement between the parties at the time they purchased the land that the boundary line would be established along the southerly edge of the disputed area. It has been held in this state that when the boundary line between adjacent lands is uncertain or disputed, the owners may establish a division line between them by express parol agreement and that if such an agreement is immediately executed and given effect by actual possession according to such line, the agreement is binding and conclusive and such division line shall not be disturbed, though it afterwards may be made to appear that it was not the true line according to the paper title. O'Donnell v. Penney, 17 R.I. 164, 20 A. 305; Di Santo v. De Bellis, 55 R.I. 433, 182 A. 488.

In attempting to support this contention, the LaFrenieres point to evidence as to their own conduct and the conduct of the Spragues during the period immediately following their purchases of their respective lots. Evidence introduced through the LaFrenieres was to the effect that the Spragues had observed LaFreniere measuring off the 100-foot width of his lot up to what would be the southerly line of the disputed area; that they had observed him clearing the area right up to that line; that they had known that he had planted trees and shrubs along the portion of that line nearest Old Baptist Road; that he had planted lawn in the disputed area inside of that line; that they had observed during the building of his home the location picked for a cesspool; and other evidence.

The Spragues, on the other hand, testified that they never agreed in any manner that the line lay where the LaFrenieres contend, but testified that in 1960 they had a survey of their lot made during the time they were building their home and that the survey disclosed that the line was 10 feet north of the now of bushes and trees and the location of the cesspool, and that they informed the LaFrenieres that their trees and shrubs, as well as their cesspool, were on Sprague land.

In our opinion, the trial justice simply rejected this evidence as being without probative force on the question of whether there had been an express agreement relating to the location of the boundary line by the parties. However, the O'Donnell case makes it clear that such an agreement as to the location of the boundary line, to be binding and conclusive, must be evidenced by an express parol agreement. It is clear from the record here that there is no evidence of such an express agreement, and in the circumstances it is our opinion that O'Donnell, affecting as it does the title to real property, should be followed strictly and that the LaFrenieres' contention in this respect was properly rejected.

After a perusal of the decision of the trial justice, we are persuaded that he concluded that the LaFreniere deed was ambiguous in that, as he stated, it set out no angles at the turning points in the boundary. He, therefore, turned to a consideration of extrinsic evidence to determine what the true location of the boundary line was. This is perfectly proper, since it is well established that where a deed is on its face ambiguous, the location of the premises described therein may be established by resort to extrinsic evidence. Sherman v. Goloskie, 95 R.I. 457, 188 A.2d 79, 370.

Among such extrinsic evidence was the Sprague deed, which in its metes and bounds description established the northerly line of the Sprague property with considerable clarity, and there is no dispute but that the northerly line coincides with the southerly line of the LaFreniere property. The trial justice apparently concluded that when these deeds were read together, the southeast corner of the LaFreniere lot and the northeast corner of the Sprague lot coincided at a point 415 feet from Old Baptist Road and that a line extending from Old Baptist Road 415 feet to this point would be the true boundary between the...

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