What is a deeded parking space?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption