Ettinger v. Oyster Bay II Community Property Owners’ Ass’n
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At issue in this boundary dispute was whether a property line ran to the center of a road where the deed described the property as being bounded by that road and included the property’s square footage, as well as a reference to the subdivision plat.
Landowner owned Parcel E, which was located in a property owners’ association (Association). The dispute concerned whether Landowner owned the portion of Hibiscus Drive, a road forming the northeast boundary of Parcel E, between the road’s edge and its center. The circuit court that Parcel E extended only to the edge of Hibiscus Drive and entered judgment for the Association. The Supreme Court reversed, holding that because nothing in the deed expressed a contrary intent, Parcel E ran to the center of Hibiscus Drive by operation of the rule of construction.
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