Legal Question in Real Estate Law in Massachusetts

i need to ask one more question. the unit deed puts a cap on the working capital but the master deed does not. if i can go with the unit deed the capital account would be affordable. if i can get the unit deed to dictate the capital funds it would be great but i am not sure.

Asked on 8/14/15, 8:08 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Thanks for your question.

It sounds like your unit deed is in violation of the master deed. The unit deed cannot create or grant more of an ownership interest than was initially created in the master deed, since one flows from the other. If the person giving you a unit deed inserted language that you had full and exclusive roof rights, but the master deed never gave your unit access to the roof, you would be out of luck. Someone should have reviewed the deed to ensure that you were able to buy what the seller was trying to sell you.

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Answered on 8/15/15, 4:39 am

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