Tom Sherwood and Robyn Fearon Obtain Judgment Dismissing Action against Condo Unit Owner
- Posted on: Apr 13 2023
(April 2023)
Tom Sherwood and Robyn Fearon obtained dismissal of an action that the owner of a commercial condominium unit commenced against our client (the owner of an adjacent commercial condominium unit in the same building) to remove a wall that the sponsor built during the construction of the units. The wall extended into the plaintiff’s unit causing our client’s unit to be nearly 140 square feet larger than the dimensions reflected on the building’s floorplan. In a case of first impression, the court held that despite the discrepancy between the unit’s actual dimensions and those reflected on the floorplan, our client was not required to remove the encroaching wall because the plaintiff’s deed stated that the plaintiff purchased its unit subject to adjoining owners’ easements for encroachments arising from the building’s construction or rehabilitation and the plaintiff further agreed to acquire its unit in “as is” condition.
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