Legal Question in Real Estate Law in Massachusetts

Revoking a Right of Way

My property in Shrewsbury abuts a right of way along

with several of my neighbors. The ROW runs through

the back of our properties and appears as an

extension of our back yards. The ROW begins at a

main road and ends a few hundred feet at town

property. There will never be a need to improve the

ROW and use it as an access road. Our houses were

built 8 years ago and when we moved in we put up

fences down the middle of the ROW. If all the

neighbors agree, is there a legal way to have the ROW

eliminated ? We all own sections of it and pay taxes

on it and would prefer to have it eliminated.


Asked on 11/27/01, 12:59 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Revoking a Right of Way

You can't revoke a right of way. The owner of the right of way can relinquish it. It the owner of the right of way is the town, it will require an act of the town. You may be able to block the right of way for 20 years and extinguish it by prescription. However, this can't occur if the town owns the rights.

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Answered on 11/27/01, 8:09 pm


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