Legal Question in Real Estate Law in Massachusetts

land locked parcels
As the abutter of a land locked wood parcel, I would like to know about rights they could have regarding any right of way through my land. This land locked parcel is a wood lot owned by a lumber company and has no established road. They have asked for permission to get to the lot , by parking on our land and walking in. We have agreed. Finally, the question.. Should we have something in writing that protects us from the lumber company ever claiming some legal right of way through our land? (They have also gotten permission to cross through state land to actually log the site)

Asked on 8/16/01, 8:01 am

Alan Pransky Law Office of Alan J. Pransky

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Re: land locked parcels

The best way to find out about existing rights of way is to do a title search. Assuming that a title search does not establish a

right of way, it is still possible for one to exist. However, your question does not seem to be about a right of way but

permissive access. A right of access by prescription can occur after 20 years of non-permissive use. However, the best way

to prevent problems is to have the lumber company acknowledge in writing that they have your permission to use the land. A

simple agreement can be drawn to acknowledge this. I suggest that such an agreement contain a provision that the lumber

company indemnify you from any injury or harm resulting to their employees while on your property. An agreement of this

nature can be drawn by a lawyer for a reasonable fee. You can even ask the lumber company to pay for your lawyer.

Answered on 8/16/01, 9:50 pm

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