Queler v. Skowron
Massachusetts Supreme Judicial Court
438 Mass. 304, 780 N.E.2d 71 (2002)
- Written by Rich Walter, JD
Facts
A group of developers deeded the large Bishops Forest tract for phased development as condominiums. The master deed contained a reverter clause stating that, after seven years or upon release of the development rights, any unphased land in Bishops Forest would revert to the developers. After completing Phase I, the original developers released their development rights and sold the unphased land to a second developer, who developed the unphased land as Phase II. M. Robert Queler and other Phase II owners (plaintiffs) sued for a declaratory judgment that they had exclusive rights to Phase II common land. John Skowron and other Phase I owners (defendants) argued that the reverter clause violated the Massachusetts condominium statute’s prohibition against dividing common land. The Phase I owners contended that the original developer’s sale of the unphased portion of Bishops Forest could not sever common land in that unphased portion from the common land in Phase I, and that therefore the Phase I owners had as much right to use common land in Phase II as the Phase II owners had to use common land in Phase I. The trial court ruled for the Phase II owners, and the Phase I owners appealed to the Massachusetts Supreme Judicial Court.
Rule of Law
Issue
Holding and Reasoning (Spina, J.)
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