Legal Question in Real Estate Law in Massachusetts

Re: Right of Way

You may, if you have satisfied all of the statutory elements, have obtained a prescriptive easement. Such an easement would allow you to continue to use the right of way and to make the necessary repairs and improvements consistent with that right of use.

Re: Right of Way

To fully answer your question, I would need to see your deed and that of the owner of the roadway to determine whether you have an easement by presription or perhaps by adverse possession. Feel free to contact me if you have further questions.

JOSEPH M.MURRAY,ESQ.

56 NORTH BEDFORD STREET

EAST BRIDGEWATER, MA 02333-1173

(508) 378-3944

[email protected]

Re: Right of Way

The short answer is that you probably do have some rights to use the road. The issue is what specific rights do you have. A great deal more information is required to ansewer your question authoritatively.

Do you have the original title work on your property or a title policy? If you do take it with a copy of your deed to an attorney and ask him to review it as well as have an updated title search done.

Hopefully, there is an easement for ingress and egress in the title. If there is a copy of the easement can be obtained and reviewed. At that point your right to use and maintain the easement will be much clearer. If there is no easement of record then there are other ways to protect your rights. However, I am assuming you had a mortgage on the property when you purchased it and it is highly unlikely that anyone would give you a mortgage without a proper egress and ingress to the street. if there is a title problem with respect to ingress and egress, you may have some protection under the title policy or your original attorney's title certification

Please feel free to contact me if you have additional questions.