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Commercial Wharf East Condominium Association v. Waterfront Parking Corp.

Massachusetts Supreme Judicial Court

407 Mass. 123 (1990)

Facts

Blue Water Trust (the developer) (defendant) purchased the Commercial Wharf (the wharf). Several years later, the developer decided to convert a granite building on the wharf into condominium units. The condominium master deed covered the granite building and a portion of the wharf known as the parking and driveway area. The master deed vested fee-simple title to the parking and driveway area in the Commercial Wharf East Condominium Association (the association) (plaintiff). But the master deed also stated that the parking and driveway area was subject to an easement granting the developer the right to control and collect fees for the parking of vehicles. The developer later conveyed part of the wharf, as well as the easement, to Waterfront Park Limited Partnership (Waterfront) (defendant). The association brought suit against the developer and Waterfront, claiming that the easement was invalid. The lower court found that the easement was valid, and the association appealed.

Rule of Law

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Issue

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Holding and Reasoning (Nolan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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