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Discovery ordered in dispute over scope of parking rights under 1985 deed of conveyance
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The High Court ordered the plaintiffs to make discovery of various categories of documents relating to a dispute over the interpretation of parking rights granted in a 1985 deed of conveyance. The defendant, as owner of certain premises, argued it could park in any location within a larger area marked in green, while the plaintiffs claimed the rights were limited to four specific spaces outlined in red. Both parties maintained that the underlying deed was unambiguous, but contended for differing interpretations. The court held that discovery beyond the deed itself was necessary because the trial judge may find the deed ambiguous or require contextual information. Accordingly, the court directed discovery of documents bearing on the negotiation and context of the relevant conveyance and lease, the delineation and use of parking spaces, and the plaintiffs' asserted basis for restricting parking rights.
discovery of documents – deed of conveyance – interpretation of parking rights – successors-in-title – map annexed to conveyance – fee simple ownership – distinction between areas marked red and green – lease of 1984 – extrinsic evidence – Rules of the Superior Courts (RSC) – contextual interpretation – chain of title – access and egress – planning application – conduct of parties after execution
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