Taunton, MA asked in Land Use & Zoning, Real Estate Law and Traffic Tickets for Massachusetts

Q: My tiny street is a right of way over other properties . Can my neighbors park on it obstructing our view and safety?

On a tiny private road only 15-20 feet wide, my neighbors (before my home) have been using it as a parking lot. It's not impassible, but it makes life difficult as we can't see down the street from our driveway due to the blockage, and now the kids have this reduced view when riding their bikes. I feel it's unsafe and despite there being 6 empty spots just 10 feet further away, it's also quite arrogant.

This is not a disabled person. This is not because of groceries for a couple minutes, or any other reason than utter laziness. This is an all day thing. This vehicle is left there for 6-10 hours between uses, so it's also not a "quick stop at home" situation either.

The local police agree it's rude, but have no idea beyond that. Please someone tell me there is a law I can reference to have this person simply park on their property 10 feet further away where it's completely empty and safer for everyone.

Thank you for reading!

2 Lawyer Answers

A: If it is a private way it would seem that it should be unobstructed for use in that way.

You should have your deed reviewed and your title insurance potentially might cover litigation to stop the parking or you will need to engage counsel.

A: Without knowing the rights of the owners who own property on the way, I am unable to state what right you have to direct your neighbor to park elsewhere. Common sense would dictate that if you have a right to unobstructed passage over the way, and if his vehicle is blocking the way, even partially, you have a right to request that he refrain from doing so and park in the available and equally convenient parking area.

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