Legal Question in Real Estate Law in Massachusetts
I own a lakefront property in Massachussetts. In my 1924 developement deed, the developer granted a "Right of Way" over my now property to owners of land within the developement under "Conditions and Restrictions" of my property. The developer never created or passed on a "Declaration of Covenants, Condition and Restrictions" to the property owners within the developement. My question is.... Is it the Developer or the Property Owners or both who hold the authority to enforce this R.O.W.
NSR
2 Answers from Attorneys
Without reading the deed and the ROW language no definitive answer can be given. However, if the ROW is worded such that it benefits the other lots within the development they would have a right to the use of the ROW. The only issue is what are the conditions and restrictions described in your deed or elsewhere and if none exist, who retains the right to place such conditions on the use if any one does. Likewise if ROW those conditions and restrictions need to be determined in light of the intended use.
A more complete review of the sub-division documents and related deeds and maps needs to be done to give you a substantive answer.
I suggest you contact a real estate attorney, who will ask you for some documentation that you may have and then have someone obtain additional title information for him so he can answer the question.
Please feel free to contact me to discuss your problem without obligation.
I agree with attorney Roth that you should speak with an experienced real estate attorney and title examiner. If you would like to speak with a real estate attorney and have a thorough exam conducted on your property, please feel free to contact my office at 617-357-4898.