What is a deeded parking space?

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What is a deeded parking space?

I own a townhouse in a condo complex. The townhouse came with the use of 2 parking spaces. Both spaces are marked with the number of my unit. This is the same for all units. 2 spaces per unit with the unit numbers marked to clarify which space belongs to which unit. However, on the unit deed it states I have the exclusive right and easement to use only one parking space. The other spot seems open-ended. Does this mean the association can take away a parking space from my unit? Since the one parking space is mentioned in my unit deed does this make it a deeded parking space?

Asked on September 28, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the written deed to your condominium in that its terms and conditions control your ownership rights as to what you bought and what you acquired. If your deed came with a deeded parking space, then you own  the right to possess that parking space that is mentioned in your deed as an easement. You do not own the land where the parking spot is located as fee simple ablsolute. You simply have the right to use the parking space as an easement as a property right which cannot be taken away.

As to the second spot, if it is not mentioned in your deed, you do not have the right to use it. However, if you have an assignment from the association who owns the common areas to use the second spot, then you have the permission to use it as long as it remains in effect.


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