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.
A: This also may be something your title insurance company would potentially get involved with if you purchased an owners title policy. I agree with Attorney Tolley and you may well need to file a Land Court action to resolve the dispute, unfortunately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
