Legal Question in Real Estate Law in Massachusetts
Parking in a common right of way
My neighbor and I share a driveway, which is labled as a common right of way on our plot plan. The common right of way is made up of both of our properties. The top is 10 feet wide, the bottom is 20 feet wide. In order for us to get out of our garage we need access to the part that is 20 feet wide.
Our deed specifically lays out the conditions...
''Lot A (us) has the right to pass and repass on foot and with vehicle on and over the part of the common right of way as shown on said plan which lies within the boundaries of said Lot B (neighbor)''
The same goes for Lot B for access to Lot A
The deed says nothing about egress/regress or access to the road.
Problem is, my neighbor has been parking in the 20 foot wide section of the right of way, which makes it very difficult to get out of our garage. He claims he has a right to park on his land and he does not think that he is blocking us in.
My question is: Since the right of way is clearly marked on the plan and in the deed, does he have the right to park anywhere in the right of way, even if he judges that he is not ''blocking'' us? If he can't park there, do I hvae to take him to court, or can I just have him towed?
Thanks!
1 Answer from Attorneys
Re: Parking in a common right of way
In order to answer your question precisely, I would have to see the language in your plan. Absent that, what you have described seems to indicate that you have a right of way that cannot be obstructed. The next question is, to what extent are you being obstructed? It sounds like you are still able to pass through the area, but that it is more difficult for you than you would like. If you are really being obstructed, it would appear that taking action on your part to enforce your rights is appropriate. However, I would not recommend having his car towed. You are only going to create hostility by doing that. Moreover, if you are not being obstructed from ingress and egress, and your neighbor is parking on his land, towing him is simply not appropriate or justified.
If the two of you are unable to work this out amicably, it may be a good idea to contact your attorney and start some official, well documented communication. This will force the issue. Hopefully it can be worked out. If not, legal action is always a possibility. But my advice: don't resort to self-help and escalate the situation. Determine your rights and then enforce them within the law.
Should you need assistance, don't hesitate to contact my office.
Best of luck.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
