The crucial inquiry for determining if reformation is an appropriate remedy is the true intentions of the parties. Kilcullen v. Dery, 334 A.2d 410, 412 (Vt. 1975). Under Vermont law, it is well established that in order to prevail on a reformation cause of action, the "plaintiff has the burden of establishing that there existed, previously to the deed, a valid agreement representing a standard to which the erroneous writing may be reformed, so as to express the true transaction between the parties...[and to] fulfill this burden the plaintiff is required to produce proof sufficient to establish his claim beyond a reasonable doubt." Kilcullen, 334 A.2d at 411-12 (emphasis added); see also Ladouceur v. Key Bank, N.A., No. 98-11427, 1999 WL 286436, at *3 (Bankr. D. Vt. Apr. 22, 1999) (reformation is appropriate when the legal description of property contains a mistake which results in a deed that fails to express the real agreement or transaction the parties intended).
The first is based on the premise that plaintiff's action was one for reformation of a deed. In this regard defendant alleges error in the plaintiff's failure to establish her claim by proof beyond a reasonable doubt and in the court's failure to affirmatively find that plaintiff had met this burden of proof, citing Kilcullen v. Dery, 133 Vt. 140, 142-43, 334 A.2d 410, 412 (1975). As a second ground defendant asserts that the court's findings are inconsistent with the rules governing the construction of deeds.
See In re Woodstock Cmty. Trust & Hous. Vt. PRD, 2012 VT 87, ¶ 21, 192 Vt. 474, 60 A.3d 686. The trial court added, moreover, that to sustain such a claim, the Braults would have had to prove, beyond a reasonable doubt, that there was a valid agreement, prior to the execution of the deed, representing a standard to which the erroneous writing could be reformed so as to express the true transaction between the original parties to the deed. See Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410, 411–12 (1975). ¶ 16.
In light of the map, it cannot be said that the boundary established by the court represents the intent of the parties beyond a reasonable doubt, as required by LaRock, 131 Vt. at 530, 310 A.2d at 126. See also Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410, 411-12 (1975) (accentuating the higher burden required to reform a deed than that required to settle an ambiguity about a boundary contained in a deed). We agree with Bourne's further contention that the deposit receipt and sales agreement represents the proper standard for reforming the deed.
Under our law, the party seeking reformation has the duty of establishing, beyond a reasonable doubt, the true agreement to which the contract in question is to be reformed. Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410, 411-12 (1975); LaRock v. Hill, 131 Vt. 528, 530, 310 A.2d 124, 126 (1973). Our review of the record convinces us that there is no evidence which would support the court's decision and judgment of reformation.
The basis for the plaintiffs' prayer for reformation of the 1960 release and of the deeds transferring the real and personal property to Economou Farms, Inc., is their claim that the 1955 agreement was for the formation of a partnership and not a corporation, as found by the court. For them to prevail, it was incumbent that they produce evidence sufficient to establish beyond a reasonable doubt that there existed a valid agreement representing a standard to which the erroneous writings could be reformed so as to express the true transaction of the parties. Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410, 411-12 (1975); LaRock v. Hill, 131 Vt. 528, 530, 310 A.2d 124, 126 (1973). The trial court noted that the plaintiffs failed to establish, beyond a reasonable doubt, the existence of such a standard.
To fulfill this burden, appellant is required to produce proof sufficient to establish his claim beyond a reasonable doubt. Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410, 412 (1975). There was no error by the trial court excluding appellant's testimony as to the intent of the parties other than himself.
One of these rules is that a deed given equally reasonable constructions must be construed against the grantor and in favor of the grantee. Kilcullen v. Dery, 133 Vt. 140, 143, 334 A.2d 410 (1975). The parties agree that the granting of hunting and fishing rights by a deed conveyance creates a profit a prendre, which is an interest in land.
For them to prevail, it was incumbent that they produce evidence sufficient to establish beyond a reasonable doubt that there existed "a valid agreement representing a standard to which the erroneous writing may be reformed, so as to express the true transaction between the parties." Kilcullen v. Dery, 133 Vt. 140, 142, 334 A.2d 410 (1973); deNeergaard v. Dillingham, 123 Vt. 327, 331, 187 A.2d 494 (1963). The lower court expressly noted that the plaintiffs had failed to establish beyond a reasonable doubt the existence of such a standard.