Legal Question in Real Estate Law in Massachusetts
I am looking at buying a old house that has 58 acres. I have bee n told that someone has a right of way through it. He has erected one bridge and is working on another also he has cleared some trees. I n the deed for the property it does say subject to a right of way refered to in a deed from 1855. I looked up that deed and it describes a piece of land that was sold and says together with a right of way across my land to the highway. My question is what restrictions could I impose on the use of this right of way? I think he is basically making the right of way 150 years later.
3 Answers from Attorneys
The answer to your question is too complex to answer here without really reading the deeds and the right of way description.
He does not have the right to pave the right of way unless it is provided. The location of the right of way should be clearly defined, if not that makes things more difficult.
I suggest you contact an experienced attorney to review the deeds and the title history in full to determine what restrictions and rights you have in limiting the use and location of the right of way.
Please feel free to contact me if you have more questions.
It looks like, if you want this property, but don't want the guy on the land, that you are buying a lawsuit. It would be impossible to tell what restrictions you might impose without knowing many more relevant facts.
I agree that you should have the deed and chain of title reviewed by an experienced real estate attorney and title examiner. Please feel free to contact my office if you would like to set up a meeting.
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