Legal Question in Real Estate Law in Massachusetts

Appurtenant right of way

Previous owners of property adjacent to mine granted previous owners of my property a ''right of way 12 feet in width next adjacent to the westerly boundary line of the herein described premises, reserved as appurtenant to said other land (my property)''. It is currently being used as a shared paved driveway and the landowner's boat storage. Does this mean that I have reasonable use and enjoyment of the right of way land not inconsistent with the owner's use and enjoyment of the land (such as storage for my boat), or do I just have use for entrance and egress?


Asked on 6/14/04, 2:57 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Appurtenant right of way

You need to review the terms of the Right of Way, also referred to as an Easement. The document should have been recorded at the Registry of Deeds in order to bind successive owners of the property. The document should describe your rights to use the Right of Way. Most ROW's are for access and passage only and usually would not allow you to store a boat on the ROW.

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Answered on 6/14/04, 3:17 pm


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