Newport, RI asked in Real Estate Law for Massachusetts

Q: If I want to create a common driveway

I have 3 ANR lots. I want to sell the lots, but two lots are restricted by topography such that I can't put driveways on each lot. The Town zoning bylaw doesn't address common drives at all. Are they then allowed by right? There are several others in the Town already. The lots are in MAssachusetts

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Hire a competent attorney to draft and record a Joint and Mutual Use Easement that encumbers all three lots. It would be better to survey the Joint Easement and use that legal description, but it is not required.

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