Condo Owner Wants to Sell Condo Carport Space Without Deed

R.R. from Missouri writes:

Dear Mister Condo,

I own a condo in St. Louis County, MO. The condo has 2 carport spaces that we thought were deeded to me however they are not actually on my deed. My neighbor wants to buy a space but I am not sure they are mine to sell. The association thought they were deeded to me as well. Any advice?

Mister Condo replies:

R.R., if you rock the boat hard enough, it just might tip over. Real estate deeds are very specific and legal documents. Right now, you don’t have a deed to your “deeded” carport spaces. How can you convey a deed to your neighbor that you don’t have? You can’t. My guess is that the spaces are actually owned by the association but are for your exclusive use, meaning they are a limited common element and you don’t own them and you can’t sell them. If your deed says otherwise, thane you can do as you see fit. However, from what you have told me, you can’t sell what you don’t own. A better solution might be a friendly handshake and understanding that your neighbor can use one of your spaces. And if he wants to offer you some money for that favor, who’s to say what is happening. All the best!

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