Legal Question in Real Estate Law in Massachusetts

Cocncerning right of way between to prpoerties

We purched a home in 1981,we have all the deeds as far back as 1914.This gives the owner on our easterly side a five foot right of way.The right of way was only used by us until 1978 when the other property was sold.Since then it has been resold and the new owner has a deed (which he claims is updated)that gives him ownership of five feet of our property.How can this be?We have paid for the land and paid taxes on this property for 18 years,how can it all of a sudden belong to the other property owner? Than you for any help.


Asked on 7/18/99, 11:44 am

2 Answers from Attorneys

Murray Davis Law Office of Murray I. Davis

Re: Cocncerning right of way between to prpoerties

Although I am a real estate attorney familiar with this area of the law, I do not fully understand your question. Please try rephrasing it. You may e-mail me, call (781) 593-7379 or fax (781) 593-7348

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Answered on 7/26/99, 3:31 pm

Re: Cocncerning right of way between properties

Wow; you'd better act soon. There is a process by which someone who has used a right of way for 20 (not 18!) years can become an owner of that property. But it's a difficult part of law to understand so I'm not going to try to explain it, but I will say that it might seem to be counter-intuitive; therefore, don't even try to guess at what the law is and in particular, don't talk to your neighbor or anyone else even except an attorney about this; believe it or not, what you say to someone, even if you think what you say supports your position!!!, can be used against you and you could lose the land (if you haven't already).

I don't know if your neighbor is telling the truth, but it's easy enough to check. Meanwhile, I think it is important strategically not to tell him ANYTHING or say anything about the land until you have hired an attorney and got his advice because you could say the wrong thing and lose the land. (Have I made myself clear yet?)

Please send me your neighbor's address as well as your address. Also fax me the latest deed you have AND any deeds you have for larger pieces of land from which yours was once carved; my fax number is (617)527-1763. If you have any more details to tell me, you may e-mail them to me at [email protected] if you would. If you send me those things, I will consider taking on the case and if I don't take it, I'll steer you to someone who is expert in this area (prescriptive easement / adverse possession), probably someone closer to you. I do think you will need a lawyer.

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Answered on 7/21/99, 3:47 pm


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