Legal Question in Real Estate Law in Massachusetts
My property has an old "existing woods road" called out that goes through our front yard. Our neighbor speaks as if he owns such a road, and worse comes through with his horses, buggies and atv's and are destroying my lawn and will damage my irrigation system. He claims I can't put up a fence because he has legal rights to use as he pleases.
2 Answers from Attorneys
You need to look at the title to your property and the scope and type of easement he has. He can venture outside the right of way of the road, even if he has the right to use it.
The first step is to look at your title and his title and determine if the road is still open or has been terminated by some event or otherwise. Then you need to look at the restrictions for use.
I suggest you contact a real estate attorney like myself.
I recommend a title examination to determine the existence and extent of any rights or easements your neighbor may have in your property. Once a title exam had been conducted, then you would be able to discuss remedies or corrections that might be needed. Best wishes and don't hesitate to reach out. Chris
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