Legal Question in Real Estate Law in Massachusetts
right of way
My Property line run down the center of my driveway and the other half belongs to a house next door. At the end of the driveway is my garage, my property extends at a point midway down the driveway and angles off to a point 3 feet on the other side of the garage.The next door neighbor has a right of way in front of my garage area. Does this mean they can contract snow plow removal services to clear my property in front of my garage that I own, but they have a right of way to use without consulting me and expecting me to pay for it. They have tenants and are required by law to clear the driveway. They also pushed all the snow from the driveway in front of my garage which is now 3 feet high preventing me from using the garage. After contacting them they tell me they had and agreement with the previous owners to do this. they have never once consulted me about snow removal for the common area. After talking with the snow plow operator there suggestion was I shovel it away. as they could not move it now. What rights do these people have to do this considering that all of the area in front of the garage is my property
1 Answer from Attorneys
Re: right of way
An opinion of this can't be given without looking at the documents in the chain of title that relate to the driveway and garage. He may have the right to contract for plowing and have you pay for it. However, I can't imagine a provision in the title that allows the neighbor to plow the snow in a way to block your garage. You can probably get an injunction against this method of plowing. However, you should consult a lawyer and have a title search done before you take any legal action.
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