Legal Question in Real Estate Law in Massachusetts
I have a right of way through a business property. A 20' retaining wall has been built blocking the right of way. It has been there for a number of years. Can I lose this right of way though adverse possession, or would I still have the rights stated in my deed? I live in NH but the property is in MA.
2 Answers from Attorneys
If the property is registered land (not recorded) land you can lose the right of way after 20 years of adverse possession. I would seek to get the right of way amended so your access remains and you do not need to have the retaining wall removed. Absent that you can bring an action to remove the retaining wall and maintain your right of way.
It is impossible to say for certain without reviewing the operative documents. If you have a valid right of way, you should either enforce your rights and demand the removal of the retaining wall or take some overt act now to defeat a future claim of adverse possession.
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