Legal Question in Real Estate Law in Massachusetts

I live in Brighton Massachusetts on a private way. There are several residenses on this private way including my condo association consisting of 3 units.

One of the owners placed a portable basketball hoop at the end of our private way. They did not ask everyone. Is this legal?


Asked on 1/02/12, 3:54 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

If it does not obstruct the right of way it may be pemissible as long as there is no written condo regulation that prohibits it or requires approval by the association. You may wish to retain an attorney individually or through the condo association to review the matter.

Good Luck! And Happy New Year!

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Answered on 1/02/12, 4:56 pm

First, someone has to review the terms of the private way to determine the rights of each person with respect to the right of way. If permitted or not prohibited, then you need to look for an additional basis to stop the use.

Absent a prohibition for such use, the use would then have to constitute a public nuisance. If that is the case there may be action that can be taken. However, you would need to demonstrate it is actually a public nuisance.

As suggested you need to consult an attorney to review the title and the terms of the private way.

Good luck

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Answered on 1/02/12, 6:32 pm


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