Legal Question in Real Estate Law in Massachusetts
My driveway is a "private way" which only leads to my home (the private way is 10' wide). We would like to pave it because it has not been repaired in 30 years and is becoming a hazard to us and our cars, but are concerned about who else has the right to use it. A statement from Menino's office posted in the Globe stated that a private way that leads to a single residence may have distinct laws as opposed to a private way that leads to a group of homes. Would you be able to point me to the right resource to understand this better? Thank you very much.
2 Answers from Attorneys
A landowner owns from their property line to the center of any private way that abuts it.
Of course, if your property abuts both sides of the "private way" and it services only tour property as your driveway then it is totally owned by you as part of your property.
Review your deed and/or do a title exam, or take it to an attorney to review it and advise you as to what your specific rights are and whether others have any rights on common with you.Good Luck!
Just hire an attorney. Consider how much it will cost to repave the road - at least a few grand. A competent attorney should be able to advise you of your rights for a fraction of that, possibly 10% of the cost of the road repair.
Boston has a unique zoning code, and it requires an attorney who has some experience dealing with the Zoning Board of Appeal, if there are zoning issues involved in your case. I should add that zoning representation can be much more expensive than a simple advisory opinion.
I happen to have worked for a certain amount of time at the Zoning Board of Appeal. Though I am not saying there are necessarily zoning implications in the repaving of your private way. It is one of many issues you ought to consider. Talk to a lawyer. Get a formal opinion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
