Legal Question in Real Estate Law in Massachusetts
Right of way law in Ma.
I own property that borders a right of way. A private contractor has staked out four feet of my land and is planning to widen the road. He claims it is a right of way. Does he have the right to take up to four feet of my property, without my permission and without compensating me?
2 Answers from Attorneys
Re: Right of way law in Ma.
The rights in the easement are determined by the manner in which the easement was created. In order to answer your question,
a title search should be conducted.
Re: Right of way law in Ma.
To give you a practical answer to your specific question, I will first have to review some documents at the Registry of Deeds. However, even if he does have a right to widen the road, you should protect the title to your property by making sure that it is being correctly done. The contractor is a potentially adverse party and is not obligated to watch-out for your best intersts, that's your job! If you want to discuss it, just call me at (781)593-7379, my office hours are 9 A.M. to 6 P.M. but my voice-mail is on 24/7.
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