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What are my rights regarding a "Right of Way Massachusetts" as the owner Massachusett

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  • What are my rights regarding a "Right of Way Massachusetts" as the owner Massachusett

    I own a small piece of commercial property in Ma. Across a portion of my property is a deeded "Right of Way" for the land locked abutters. I need to find out, what is my responsibility to this "Right of Way" and what is the users responsibility(abutter)?
    Am I responsible for maintenance or are the users and I responsible?
    Or just the users? What is Ma. Law on this subject?
    Plowing in the winter?

    Thank you in advance for any info you can give me!

  • #2
    Portercable-- I am as well am in a simliar situation. I have a residental property where my neighbor has a "right of way" to use my driveway up to a certain point. Past neighbors would share snow removel, asphalt and water line repair expenses. Now with a new neighbor there they do not think that they should pay or share in any of it's upkeep. They get basically a free ride which is rather annowing. The other problem was our insurance broker told us that anyone doing work on the right of way must be properly insured (like-snow plowing) to protect us against damage.
    We did not snow plow this last storm and they had to hire someone to come in and plow them out. We went out when he arrived and made sure that he carried the proper insurance and that he understands that we did not hire him so do not send us a bill. We will continue not to plow- so he'll get the point that it's not going to be a free ride.
    We have the understanding from others that our right of way only gives them the right to cross the property. That I was not responsible to maintain it for them. Depends on how your deed is written.
    My wife and I are working torward getting this resolved and if I here of something I'll write back.
    We are in Mass. as well.

    Good Luck.
    Last edited by pinstriper; 02-16-2007, 04:10 AM. Reason: Forgot a line.


    • #3
      Hi Pinstriper,
      Thank you for writing. You have brought to my attention some excellent points. I have asked my realestate attourney what my rights are as the owner. My attourney first said , it depends on how your deed written. My deed only says "Right of Way" with only a description on dementions. I don't think my attourney has ever been asked the question before. There must be written in law what my/ your rights are. After all we are paying taxes on it. We should be able to demand maintence and or liability fees. We should be exempt from liability when users are crossing or others removing snow ect. I will contonue to research the matter and write you if I find out any new information.



      • #4
        To learn more about easements (right of ways) you may want to visit our website - we have a whole section that deals with prescriptive, express, implied and easements by necessity.

        Steve @


        • #5
          Thank you Steve50!
          Great information!