Legal Question in Real Estate Law in Massachusetts
Overhang onto a Right of Way
I gain access to my property by a 20' wide Right of Way. The Right of Way ends at my property corner of my driveway where I park. The deed says ''limited easements for access to and from the described property''. If a vehicle parked in my drive overhangs beyond my property and into the right of way, would you consider this trespassing?
1 Answer from Attorneys
Re: Overhang onto a Right of Way
If your use of the easement exceeds the scope of the original right of way, the owner of the land over which you have access rights could file for an injunction to order you to comply with the scope of the easement and seek damages (if any). In short, your use of the right of way cannot exceed the terms of the written easement. If you have access rights only then you could not park any vehicle (or part of) on the easement since this would exceed the scope of the permitted use. A right of way normally allows the holder to cross over another's land for a lmited purose, in this case, to access their own land.
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