My question involves real estate located in the State of: Massachusetts
I own property that abuts a private way at the back of the property. I have access over a private way at the front of the property. I have no deeded claim as far as I can tell to the private way - it's created in a separate chain of titles which my land was not part of. However, the roadway itself runs right up to and in some cases on my property by 1-2'.
My question is can I drive on the right of way as a member of the public? I thought once a way is opened, the public have a right to use the way. What actions can the owners along the private way take if they want to block me or other's (like contractors) from using the way to get to my property. Since the traveled roadway is right against my property, I won't have to drive off the way onto the right of way land (which presumably the abutters own) to reach my property.
The abutters on the way claim we can't use it and are threatening police intervention or other unspecified legal actions against us or our contractors if we use the way.
I own property that abuts a private way at the back of the property. I have access over a private way at the front of the property. I have no deeded claim as far as I can tell to the private way - it's created in a separate chain of titles which my land was not part of. However, the roadway itself runs right up to and in some cases on my property by 1-2'.
My question is can I drive on the right of way as a member of the public? I thought once a way is opened, the public have a right to use the way. What actions can the owners along the private way take if they want to block me or other's (like contractors) from using the way to get to my property. Since the traveled roadway is right against my property, I won't have to drive off the way onto the right of way land (which presumably the abutters own) to reach my property.
The abutters on the way claim we can't use it and are threatening police intervention or other unspecified legal actions against us or our contractors if we use the way.
Use and Enforcement: Public Use of Private Ways
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