How to verify that an apartment unit’s deed accurately reflects parking, storage, and exclusive use easements prior to purchase.
Before buying, learn practical steps to confirm that a condo deed correctly shows parking spaces, storage rooms, and exclusive-use easements, ensuring you understand what you own and what your rights entail.
July 15, 2025
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When you review a condo or cooperative deed, the first concern is accuracy about what belongs to your unit and what is shared with neighbors. Parking assignments, storage lockers, and exclusive-use easements define your daily life, access, and potential future changes. A deed may reference general common elements, but the specifics—such as which parking spot corresponds to your unit number or where a storage locker is located—should be explicit. Inaccuracies can lead to disputes, unexpected fees, or limited use of space you believed was yours. Start with the exact unit description, cross-check with floor plans, and note any amendments that clarify ownership boundaries.
Next, compare the deed language to additional documents filed with the property, including a legal plat, an exhibit of common elements, and any declarations recorded at closing. Look for clear references to each parking space by identifier, parking restrictions, and the location of storage areas tied to your unit. If the deed uses vague terms like “as assigned” or “as delineated in the plan,” request a precise mapping or an updated map that shows your exact rights. Ask the seller or the management company for access to the governing documents that were in effect when the deed was drafted, to confirm that the unit’s rights match what you are purchasing.
Verify how easements are defined, bounded, and enforceable.
The heart of verification lies in reading the legal descriptions with care. Deeds often include a metes-and-bounds description or a lot-and-block reference, but for condo units there should be a separate schedule that assigns parking stalls, storage units, and exclusive-use areas. Identify any discrepancies between the unit’s number on the deed and the identifiers used in the building’s parking roster or storage inventory. If the deed merely notes “parking as shown in plan,” demand a copy of that plan with the specific stall coded to your unit. Inconsistencies here can haunt you after ownership transfers, especially when guests or tenants rely on those designations.
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Another layer involves the declarant’s disclosures about easements and access rights. Exclusive-use easements grant you control over certain spaces while the master association still holds an overarching ownership interest. Confirm that your deed lists these rights with precise boundaries and the duration of the easement, if applicable. In some communities, parking and storage rights can be amended through association votes or board decisions, which may alter your enjoyment. Request a history of any changes and verify that the present deed reflects the current arrangement. If changes exist, ensure you receive updated exhibits and legally enforceable documentation.
Align deeds with master plans, by-laws, and unit specifics.
A careful title search is essential. The title company will search public records to reveal the chain of ownership and any encumbrances, but they may not fully illuminate private easements within a building. Ask for a title commitment that highlights parking allocations, storage assignments, and exclusive-use easements. Examine any liens, private agreements, or covenants that might affect your access or rights to use those spaces. If there is a conflict between the deed and the title commitment, the seller should resolve it before closing. A professional title attorney can interpret complex language and flag ambiguities that could cause enforcement issues later.
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Inspect the governing documents alongside the deed. The declaration, bylaws, and rules often govern how common elements are allocated and how exclusive-use rights are exercised. Look for sections describing the process to transfer or reallocate parking spots or storage units, because the rules may allow changes without a new deed, which could impact your ownership rights. Confirm that the deed references the same unit as described in the master plan and that any special assessments or running charges tied to those spaces are accurately attributed to your unit. Misalignment here may trigger unexpected costs or restricted usage.
Create a precise, binding exhibit for future clarity.
Engage professionals early in the process. A real estate attorney can interpret the legal language, compare the deed to the plat, and identify inconsistencies. A seasoned attorney will also review any amendments or riders that affect your unit’s parking, storage, and exclusive-use areas. Don’t rely on the seller’s or broker’s assurances; obtain a formal opinion that the deed precisely reflects your rights and that no hidden encumbrances exist. During this phase, assemble all related documents, including floor plans, parking assignments, storage inventories, and any correspondence about easements, so you have a complete record for review.
Finally, request a formal reconciled schedule. Have your attorney draft a concluding exhibit that lists your unit’s parking stall number, storage locker designation, and the exact boundaries of any exclusive-use space. Ensure the schedule attaches as an amendment to the deed and that it is properly notarized and recorded. This consolidated document serves as an authoritative reference at closing and for future needs, such as renting or selling. By securing a precise, legally binding exhibit, you reduce the likelihood of later disputes and make ownership clearer to lenders, insurers, and neighbors alike.
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Keep organized records and clear maps for enduring clarity.
On the day of closing, bring copies of every document you reviewed, including the plat, the master plan, the easement descriptions, and the reconciled schedule. Have your attorney confirm that the deed officially reflects the parking, storage, and exclusive-use terms as agreed. During the final walk-through, verify that the spaces shown on the building’s management roster correspond to those described in the deed. If you spot any discrepancy, pause the closing and address it with the seller and the title company. Timely resolution can prevent disputes after possession and protect the value of your investment.
After closing, keep the deed, exhibits, and amendments in a secure, organized file. Store digital copies and ensure originals are filed with the county or appropriate recording office. If you ever transfer ownership or revise parking or storage rights, you will need the same level of documentation to preserve clarity. Consider adding a simple ownership map to your files, showing your unit’s designation and its associated spaces. Maintaining orderly records helps you defend your rights and respond quickly to any challenge from management or other owners.
In addition to the legal checks, talk with neighbors and the building staff about practical usage. Confirm that the parking stall is truly usable without obstruction during peak times and that the storage area remains accessible for you and any approved dependents or tenants. Clarify hours for exclusive-use areas and any guest access restrictions. Real-world experience often reveals subtle issues not obvious in documents, such as temporary blockages, planned renovations, or policies that limit access on certain days. By combining precise deed language with practical understanding, you create a robust, defendable foundation for your ownership.
If you discover inconsistencies or fail to obtain a binding confirmation, it may be wise to pause the purchase. Seek a correction or obtain a revised deed before you commit. When a seller loses leverage to correct records, rely on your attorney to negotiate, possibly align with an escrow holdback, or request new disclosures. Doing nothing can leave you exposed to costly disputes or unintended limitations on use. A careful, methodical approach protects your investment, lowers risk, and ensures you know exactly what your deed commits you to own, park, store, and access.
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