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.
1 Answer from Attorneys
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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