Q: If I own two properties that abuts a paper road do I have more rights then my Neigbor?
I live in a private neighborhood my house has a separate piece of land that I pay taxes on and the paper road was designed for this piece of land. My Neigbor is trying to Claim the whole paper road as his front yard? He’s even trying to clear my half of the paper road from its natural brush so he can plant grass seed for a front yard the brush has been there for more then 20 yrs. also, his lawyer trying to state that this paper road is to access my Neigbor backyard for his enjoyment.
A: Under the derelict fee statute, G.L. c. 183, s. 58, title to property abutting a way carries with it either (i) ownership to the midpoint of the way, when the grantor retains land on the other side of the same; or (ii) ownership of the entire width of the way, when the grantor does not own land on the other side of the same. Here is a link to a blog post by one of my colleagues that explains further: https://www.phillips-angley.com/blog/2014/08/derelict-fee-statute-basics/
I strongly suggest you review any letters from the attorney stating the basis for the rights your neighbor asserts. Then I would retain the services of your own attorney to obtain an opinion on your rights and duties. Feel free to call my colleague Jeff Angley, his contact information is at the link above.
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