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an easement appurtenant as all public streets are used

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Nancyred

Guest
I own property with an easement of way over lot
A1 to lot A4 (where house is). It says appurtenant
on the deed. As well as this easement of way to be
used as "all public streets are used in the city
or Woburn, Massachusetts."
My address is noted on the deed as "Terrace" and
this is the easement.My problem is that the local
building dept. is calling my "frontage" out on
Bedford Rd. the road that the address "terrace"
connects to. Therefore preventing us from building
a shed w/rear setback req'ments in what we thought was our back yard! Our back door is facing what they refer to as our "side" yard. Our front door
faces Bedford Terrace (our address). The plot plan
shows it as a cul-de sac. There are two houses on
this st.(terrace), mine and neighbor. He also
shows an easement as all public st. are to be used. I feel that the "Bldg. commissioner" is just giving us a hard time, as the "inspector" said it was okay. There is no mention of frontage on deed,
only address being "Bedford Terrace". We have only
40' on our portion of easement along "Bedford Rd."
 


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Nancyred

Guest
an easement appurtenant...continued

Dear Home Guru,
I hate to bother you again in your catatonic state,but if you could just elaborate on the reply
suggesting an attorney to send a demand letter to the commish. I have to admit I don't really understand what may be contained in the "demand" letter?
What would the attorney demand, exactly?

I eagerly await your response, and appreciated
your prompt response to my main question.

than-you,
nancyred
 

HomeGuru

Senior Member
The attorney would demand that the AHJ (Authority Having Jurisdiction) interpret the location of the front, rear and sides of the home exactly as you and the inspector does.
Unless there are zoning or building codes that support the AHJ interpretation, the Commish must provide evidence to prove his/her ruling or agree with your interpretation. You may either have to file an appeal or litigate.
 
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Nancyred

Guest
easement appurtenant

Hello Again Home Guru,
I consisely put the question to the "chief
of building commissioners" in Boston Ma,
who oversees all bldg. commissioners in Mass.
I asked if it was possible to have an easement
that states on the deed "to be used as all public
streets are used in the city" to also be our frontage. He said yes. The frontage is the st.
which runs parallel to the house.
Woburn's bldg. commish says that one can not have
frontage on an easement.
Is it a case by case basis or can easements
generally be used also as a st.? for frontage?
I am hoping to have him put it in writing for me.
thanks, again.

nancyred
 

HomeGuru

Senior Member
I do not follow the Commish because the easement would be frontage for public right of way.
This is getting more complex so keep at it.
 
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Nancyred

Guest
an easement appurtenant used as all public streets are used

Hello Again Home Guru,
let me summise, as it is complex, but I believe that the local commish. is trying to make it that way.
Re: An easement appurtenant over lots A2 and A4, to be used as "all" public streets are used, with an address being...( on the easement)
My letter to the CHIEF ( have not sent yet)
It was my understanding in our conversation today,
that we can in fact have frontage on an easement.
That it does not matter where the front door is,
but the st. that runs parallel to the house is the
frontage. In this case the parallel st.is Terrace.
AND THAT would be my frontage.
end of summary.
Home Guru, picture it this way:
2 flags laid side by side with the poles being
the st. Drive down the st.( easement) and take
a right into my drive.
My neighbor takes a left. Our houses face ea. other!
I hope this helps, I will keep you posted.
thanks again for you time.
nancyred
 

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