Legal Question in Real Estate Law in Massachusetts

Right of Way

I recently inherited some property-years ago several acres were purchased by the state for a highway. Today the property is surrounded by 4 other property owners with no obvious access to the property. I have made several attempts to try and find how I can gain permanent access to the property with no avail. I have contacted the state highway department and they said I cannot have access via the highway. There are no access roads that I can see. Upon investigation I have found that my Uncle has owned this property for 80 years and has been paying taxes on it. Also, they are in the process of developing around the property. I have the maps of the boundaries and see no easements, access roads etc. How can I gain permanent access to this property.


Asked on 10/10/05, 7:51 pm

1 Answer from Attorneys

Re: Right of Way

The first thing you have to do is find out what happened when the property had several acres taken by the state for the highway. You should also have a title search done to see if there are any easements with respect to access to a local road contained in your title or the adjacent property once you have that information, an attorney can review the title record to see if there is a basis to seek access over one of the adjacent properties.

A local attorney could arrange for the title work to be done and then do the review. Also a survey or may of the area covering the adjacent properties would be helpful. I am talking about a plot survey not a formal survey.

Please feel free to contact me if you have additional questions by telephone.

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Answered on 10/11/05, 12:41 pm


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