The country is United States:

Mr. Michael is the developer and original Declarant pursuant to the recorded Master Deed of a Condominium. The project located in the Town of Anywhere, Massachusetts presently consists of 4 building located on an 8 acre parcel. All of the 8 acre parcel was dedicated (declared to be the land of the condominium) in the Master Deed to the condominium. There are 4 units in each building 2 on the first floor and 2 on the second floor of each building. All building were completed at the same time and dedicated pursuant to the Master Deed. The Master Deed allows for up to an additional 4 buildings of the same configuration for a total of 32 units .

Half of the units have been sold, 2 in each building. The buildings, driveways and parking areas occupy roughly 4 acres of the parcel abutting a public way. The remaining land is open without any improvements. A subdivision abutter wants to buy the undeveloped 4 acres to expand their subdivision. Mr. Michael can make a sizable profit by selling this land.

The sale of the units has lagged. To increase sales , Mr. Michael has retro fitted the buildings with a roof deck for the exclusive use of the unsold second floor units and patios for the exclusive use of the unsold first floor units. None of this was contemplated at the time of the drafting of the Master Deed. The present unit owners have objected to this.

A prospective purchaser of one of the units has objected to the title to the land upon which the condominium sits. His attorney has stated that a Mr. White once owned the 8 acres parcel dedicated to the condominium. That by a deed dated 12/25/60 and recorded on 1/17/61 he conveyed it to his niece Lavern for consideration of love and affection. Mr. White recorded the deed himself without notifying Lavern. By deed dated 12/30/63 recorded 1/14/64 conveyed the parcel again to an unrelated third party a predecessor in title to Mr. Michael. This deed contained a statement restricting ownership to only those under the age of 55.

Theprospective purchaser's attorney found Lavern and contacted her. She said sheknew nothing of the deed and won'texecute a release deed.

Mr. Michael admits he never really understood the condominium concept. He thought the unit deed only gave the purchaser a lease in their apartment and he owned the building until he turned it over to unit owners in each building.

He has terminated his relationship with the law firm that did the condominium documents and has come to you for advice.

QUESTION RELATING TO FACT PATTERN 2

Based upon the information provided above about the project please address the following questions.

1. Can Mr. Michael continue to build more buildings and dedicate units if he sells all the units in the existing buildings?
2. What issues and problems are presented by Mr. Michael's actions?
3. Can Mr. Michael sell the land to the abutter?
4. What issues are raised by the title objections by the unit purchaser's attorney?
5. Should the deed to Lavern have been accepted for recording ?