Legal Opinion

Chamberlain v. Badaoui

Massachusetts Appeals Court

Decided July 25, 2019No. 17-P-1519Published

1Opinion of the CourtHenry, J.

*670This dispute between two condominium unit owners requires us to determine whether a condominium master deed contains an express easement permitting one unit owner to enjoy an easement through another owner's unit to gain access to a fire escape. Because we conclude that it does not, we also must determine whether one unit owner can enjoy an easement by necessity through another owner's unit for the same purpose. We conclude that an *208easement by necessity does not arise under these circumstances. Accordingly, we reverse. *671Background. We summarize the undisputed facts material to this appeal. The…

2Cases cited13 opinions

  1. Federal National Mortgage Ass'n v. HendricksMassachusetts Supreme Judicial Court · 2012
  2. Sheftel v. LebelMassachusetts Appeals Court · 1998
  3. Patterson v. PaulMassachusetts Supreme Judicial Court · 2007
  4. Goulding v. CookMassachusetts Supreme Judicial Court · 1996
  5. 39 Joy Street Condominium Ass'n v. Board of AppealMassachusetts Supreme Judicial Court · 1998

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