Legal Question in Real Estate Law in Massachusetts

At the end of my street there is deeded access to a pond. There are 10 houses on the street, but one home owner gives permission to all his friends to use the access at their pleasure, without him in attendance. People on the street are annoyed. Does this homeowner in fact have the right to assign his deeded access to his friends? He doesn't own the property, or pay taxes on it and I would think he has NO right to assign his access rights to others. Can you assign your deeded rights to others who don't live on the street?

Asked on 8/06/16, 4:38 pm

1 Answer from Attorneys

The limitation on his rights would depend on the language regarding the access and if that access is subject to any limitations. Absent a limitation on access in the document providing access or the ability of those on the street to set regulations for access, there is not much that can be done, unless his "guests pose a legal nuisance." I would suggest you contact a real estate attorney in your area and provide him with a copy of the relevant documents.

He has not assigned his rights, he has given some friends permission to use his rights as his guest. That is not an assignment. There could be provisions that limit who can and who cannot use the pond or have access to it, so a good review of the relevant documents governing the use of the pond should be done by a good real estate attorney.

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Answered on 8/07/16, 7:36 pm

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