Legal Question in Real Estate Law in Massachusetts
street widening
a developer is developing land at the end of my street. the city is requiung him to widen the street. with the new plan for widening they are going into my land 3-5 ft 100ft long. the city is saying they do not have to componsate me for taking my land.
my street has been designated a private way and only has 15 houses on it. after this development there will be over 200 houses on it. i would love to stop the development but i really do not want them to take my land especially without compinsation
1 Answer from Attorneys
Re: street widening
First the street may be wider than you think, you have to look at the provision for the private way. If the street is truly a private way and has not been accepted under a prior submission to the Town, then the Town would have to compensate the owners of the private way.
Someone has to review the subdivision apporvals and your title. If the developer of your subdivision made an application prior to your purchase for the town to accept the way and the way includes an area that you previously considered your land, the town would not have to compensate you.
The issue is who owns the private way and does the Town have the right to take it without compensation under some existing agreement or application.
You should contact an attorney to do a title review of the subdivision with respect to the private way.
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