Led by Stacey Nakasian, the D&S team successfully defended a condominium developer in a recent case that clarified how real estate deeds and condominium documents are interpreted under Rhode Island law.
The July 2020 article in Rhode Island Lawyers Weekly was entitled: “Site plan doesn’t expand clear condo association declaration.”
The matter involved a developer who had established a residential condominium in a building on Benefit Street in Providence and leased a parking area on a separate lot to the condominium association.
Although the condominium declaration defined the condominium’s property as the building lot, the association claimed that it also owned the parking lot because that lot was included in the survey map attached to the condominium declaration. The association argued that the survey map established the land owned by the condominium.
The Rhode Island Superior Court acknowledged that a map or survey may be used to determine what land is being conveyed if the language of a deed or declaration is not clear. But when the deed or declaration clearly identifies the land being conveyed, a map or survey cannot enlarge the conveyance.
The outcome is a reminder for practitioners to remain vigilant with regard to inconsistencies in drafting.
To learn more, reach out to Stacey here.