Legal Question in Real Estate Law in Massachusetts
a new homeowner has just bought the house next door to me she is trying to take my rightaway away from me i managed to keep it but now we cannot decide who will plow it or take care of it what should i do?
2 Answers from Attorneys
It is always wise to negotiate a fair distribution of rights and responsibilities between all those abutting owners whose land benefits from this right of way. Many compromises may be explored (e. g. 1) Shared cost for a third part snow removal service; 2) Alternate storms or snow seasons, etc.). You should establish sufficient rapport and good will so that a negtiable matter does not become a legal contest. If/when you have reaced an acceptable compromise, be sure and reduce it to writing.
Good Luck!
First, you need to look at the terms of the right of way, which may indicate who has responsiblity for what. If the right of way is not clear on this issue, then you have to negotiate a fair agreement between the parties.
My first question is who did what in the past with the prior owner?
That should be your starting point. You might want to contact an attorney to discuss your options.