Legal Question in Real Estate Law in Massachusetts

Legality of Fencing off access road to condo parking
Condo association of 4units used to own property that included a small (60ft) road with room for 3 guest parking spaces along the edge that led to the parking spots situated between 2 buildings. It is the only access to these parking spaces. When the property was updated, the space was sold to the neighboring lot which belongs to a utility company and on which sits a fenced in 10ft x 10ft area containing machinery. The association was then made to pay $200/mo in rent to the utility company to use the space for guest parking. We also currently insure and maintain the area (snow removal, etc.)

We are not in need of guest parking and would prefer to save the fee. When we notified the utility we no longer wanted to rent the spaces, they informed us that they would likely fence off the area, which would, in fact, fence off the entire road running alongside the units and thereby fence off our access to our true parking spaces.

Is the utility company legally allowed to fence off this area which is serving as an access road to the parking spots?

We offered to maintain the property and keep it in our insurance if they will remove the monthly fee. They did not seem interested in this offer.

Your thoughts are appreciated

Asked on 11/29/07, 7:09 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: Legality of Fencing off access road to condo parking

Whether it is legal depends upon a number of things, including who owns the property, how it was conveyed, and what agreements or leases have been made regarding the use of the property.

Attorney Roth is correct that, without examining the recorded instruments, written agreements, and leases, if any, regarding the subject property, it is hard to provide any useful advice.

You should contact an attorney to help determine the rights of the parties. Please feel free to contact my office. I am located in Quincy.

Answered on 11/30/07, 2:40 pm

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