Secaucus, NJ asked in Real Estate Law for Massachusetts

Q: Can I cede a piece of my property to the town?

My home (which I've owned 3 years) includes 3 parcels, each taxed separately: the largest, which includes the house; a small strip acquired from a neighbor to add a driveway; and - the questionable piece - is the alley behind the house. I own the part behind my house to the center of the alley. I pay property tax and Fire Tax on this unusable piece of land. The town has an easement allowing anyone to use it. There are 6 houses on my street that have alley behind them. Only 2 pay tax on the alley. Besides the tax, I'm concerned about my liability if someone gets hurt on "my alley." Does Mass. law allow me to cede this alley back to the town? If so, how do I do this? Thanks for your help.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: You can give it to them, but they have to accept it. Call the town, like the town manager or the selectmen's office, and discuss it.

You can also stop paying taxes on it. The town will eventually take it for nonpayment of taxes. However, it is possible you remain personally liable for the real estate taxes, I do not recall what the law says in that regard.

1 user found this answer helpful

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