RUSSELL SMITH individually and RUSSELL SMITH, JENNIFER BENNETT and BRIAN BURROUGHS as trustees of the 246 MARLBOROUGH STREET CONDOMINIUM TRUST v. LAURENCE A. MILLS as trustee of the VARLEY REALTY TRUST and THOMAS STEPHANS
May 8, 2012
With: SUPERIOR COURT CASE NO. 11-1988-C
For the reasons set forth in the courts Decision of this date, plaintiff Russell Smith, individually, shall recover $15,182.50, plus costs and interest, from defendant Varley Realty Trust. It is also ORDERED, ADJUDGED and DECREED that:
- Parking Space C is an appurtenance to Unit #7 of the 246 Marlborough Street Condominium as set forth in the Condominiums Master Deed recorded September 10, 1980 in the Suffolk County Registry of Deeds in Book 9529, Page 1 (the Master Deed). As an appurtenance to Unit #7, Parking Space C cannot be severed from Unit #7 without there being a duly authorized and recorded Amendment to the Master Deed.
- Paragraph 5 of the Unit Deed from Laurence Mills, Trustee of Varley Realty Trust to Russell Smith dated November 22, 2002 and recorded in the Suffolk County Registry of Deeds in Book 29917, at Page 4, purporting to allow Mr. Mills, as Trustee of Varley Realty Trust, to retain the continued exclusive right and easement to use Parking Space C as well as the right to lease, assign, convey or transfer the exclusive right and easement to use Parking Space C to another person or entity other than Mr. Smith, constitutes an impermissible attempt to sever the right to use Parking Space C from Unit #7 and is hereby stricken and declared void.
- The purported Assignment of Parking Space C from Russell D. Smith to Laurence A. Mills, Trustee of the Varley Realty Trust, dated November 22, 2002, and recorded with the Suffolk County Registry of Deeds at Book 29917, at Page 42, is hereby declared invalid and void.
- The exclusive right to use Parking Space C of the 246 Marlborough Street Condominium is vested in the owner of Unit #7 of the 246 Marlborough Street Condominium, presently plaintiff Russell D. Smith, whose Unit Deed is recorded with the Suffolk County Registry of Deeds in Book 29917, at Page 4. Said Parking Space is hereby declared free and clear of any claim made by defendant Laurence Mills, individually or as Trustee of the Varley Realty Trust.
- Any and all lease agreements between Mr. Mills, individually or as Trustee of Varley Realty Trust and any other person with respect to the use of Parking Space C are hereby declared invalid and void. This includes any such agreement between the Varley Realty Trust and defendant Thomas Stephans.
- Mr. Mills, individually or as Trustee of Varley Realty Trust, is hereby permanently enjoined from using that Parking Space, allowing others to use it, or collecting any rents for its use unless and until such time, if ever, as he becomes the owner of Unit #7.
- All other claims and counterclaims of the parties are dismissed, with prejudice, except those related to collection of this Judgment.
Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry of Deeds and marginally referenced on all relevant documents.