Legal Question in Real Estate Law in Massachusetts

road ownership

My neighbors and I live on a private way in Massachusetts. Some have paid for 50 years to upkeep and maintain this road. Land was sold near our homes and all of our roads with it. Can this be legal? Could my neighbors and I claim some kind of grandfathered ownership or adverse ownership in court to fight the selling of our roads? the new owner intends to widen and lengthen them to make a more passable road(it is dirt) to a proposed 40B project he has in the works. We need to stop him!!


Asked on 5/05/09, 9:28 am

1 Answer from Attorneys

Re: road ownership

You need to have the ownership of the roads researched by an attorney. It is very difficult to stop a 40B project but ti can be done. Moreover, you may or may not have a basis to stop the transfer of the roads. Usually the roads are owned by an association and the association retains the rights to those roads. Someone needs to research your subdivision and determine what rights you retain in the roads and what rights the owner of the land who thinks he has a right to widen the roads are.

My firm has handled many cases trying to stop development of many projects over the years. Please feel free to contact me to discuss your case.

Read more
Answered on 5/05/09, 12:40 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts