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Plaintiff purchasers filed an action against defendant assignees, seeking quiet title to two parking spaces that were conveyed pursuant to a condominium purchase agreement.
An owner’s deed conveyed to him a condominium unit and the parking spaces appurtenant thereto. The owner conveyed the unit to a trustee. The deed of trust stated that all appurtenances that were a part of the property were conveyed in addition to the unit. The owner transferred to the assignees the right to use the parking spaces. The deed of trust was foreclosed. The purchasers bought the foreclosed property and discovered that the assignees claimed a superior interest in the parking spaces. The circuit court held that the purchasers had the exclusive right to the use of parking spaces. The right to use the limited common elements was legitimately transferred to the trustee by the deed of trust. That conveyance did not require the condominium association’s approval. When the deed of trust was recorded the public had constructive notice of its existence and its provisions, including the right to foreclose upon default. The trustee had the superior claim to use of the parking spaces. As of the date of foreclosure, the assignees were divested of their interest in the parking spaces, and the right to use the spaces was sold to the purchasers.
The circuit court granted the purchasers’ action to quiet title and ordered the assignees to cease any and all use of the parking spaces.
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