Sakonnet Point Marina Association, Inc. v. Bluff Head Corp. et al. v. Harbor Point Properties, Inc.

Summary

The Supreme Court of Rhode Island affirmed summary judgment and specific performance enforcing a parking easement benefiting a marina. The court held that the deed burdened lot 434-2 because the grantor did not own lot 434-1, and that the reference to lot 434-1 was legally ineffective to eliminate the easement on lot 434-2. The court also upheld the court-approved parking plan after the servient owner failed to propose a compliant plan providing 21 spaces.

Holdings

1. The deed imposed the parking easement on lot 434-2. An easement cannot be reserved over property the reserving party does not own; therefore, the reference to lot 434-1 was a nullity and did not relieve lot 434-2 of the easement.
2. Interpreting the deed to place the easement on lot 434-2 was construction, not reformation.
3. The Superior Court properly ordered specific performance and did not abuse its discretion by approving a court-appointed engineer's plan requiring 21 parking spaces on lot 434-2.
4. Summary judgment was proper because no genuine issue of material fact existed and the appellees were entitled to judgment as a matter of law.

Questions Presented

1. Whether the deed created an enforceable parking easement on lot 434-2 despite language stating that the easement could be located on lot 434-1, which the grantor did not own.
2. Whether construing the deed to impose the easement on lot 434-2 constituted reformation rather than construction of the deed.
3. Whether the Superior Court abused its discretion by ordering specific performance and approving a court-appointed engineer's parking plan after Bluff Head failed to submit a suitable plan.
4. Whether summary judgment was proper because no genuine issue of material fact existed.

Disposition

affirmed