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Parking in a common right of way?

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F

Fed Up in MA

Guest
My neighbor and I share a driveway, which is labled as a common right of way on our plot plan. The common right of way is made up of both of our properties. The top is 10 feet wide, the bottom is 20 feet wide. In order for us to get out of our garage we need access to the part that is 20 feet wide.

Our deed specifically lays out the conditions...
"Lot A (us) has the right to pass and repass on foot and with vehicle on and over the part of the common right of way as shown on said plan which lies within the boundaries of said Lot B (neighbor)"
The same goes for Lot B for access to Lot A

The deed says nothing about egress/regress or access to the road.

Problem is, my neighbor has been parking in the 20 foot wide section of the right of way, which makes it very difficult to get out of our garage. He claims he has a right to park on his land and he does not think that he is blocking us in.

My question is: Since the right of way is clearly marked on the plan and in the deed, does he have the right to park anywhere in the right of way?

Thanks!
 



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