Legal Question in Real Estate Law in Massachusetts

Our club owns property and our land gives the right of way to a private dirt road the town owns and occupied by three residential homes A person bought one of these homes and wants to install a septic system which would mean digging on our property to connect to the main road does he have the right to dig on our property


Asked on 3/08/17, 12:57 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

The question can't be answered without an examination of the title to the two properties. It is possible that there is a right to install a septic system on your property. Based on the very limited information provided there is no information that suggests that he has the right to dig on your property without your permission. You should consult an attorney to have your title examined.

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Answered on 3/08/17, 1:53 pm

The question cannot be properly answered without reviewing the titles. Generally, the property owner cannot install a septic system on property that is not theirs absent some legal right. You have an access easement over the road. I am confused on why the property owner has to dig on your property at all. If he is putting the septic system on your property, he needs a legal right to do that. If he is trying to access the main road to connect to a sewer, that is something different but again would need a legal right to do it.

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Answered on 3/08/17, 3:20 pm


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