Legal Question in Real Estate Law in Massachusetts
How long is a right of way valid?
I am buying a house in Salem Massachusetts that has an old right of way for a nearby property. The right of way travels from my street frontage, through my potential property, over an abutters property, to the owner of the right of way. The right of way has not been used in well over 25 years (it was intended for a horse and carriage; there are now fences and trees blocking the way). If the right of way was enforced, it would be very disruptive and cause big problems for my property. Since it has been so long since it was used, is the right of way still in effect? I heard there was a MA law stating it would be void if inactive for 20 years. What do I need to make the right of way legally void?
Thanks for your help.
3 Answers from Attorneys
Re: How long is a right of way valid?
Question: "What do I need to make the right of way legally void?"
Answer: A lawyer.
It's not going to be hard for a lawyer to clear that up for you but
I can't see you doing it pro se.
Re: How long is a right of way valid?
A right of way can be blocked by adverse possession. However, assuming all of the
elements of possession are met, it must still be established in court.
Re: How long is a right of way valid?
I aploogize for being so late in responding to your question. Based upon the fact that you presented, you may very well be able to have have the right of way declared void, but as a real estate lawyer, I will not render an opinion without reviewing the documents. Anyway, the short answer to your question is that you will need a lawyer. If you wish to discuss it, you may call me in Swampscott at (781) 593-7379
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