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Right of way....

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D

Deuce

Guest
What is the name of your state? What is the name of your state? Massachusetts
I've recently inherited my boyhood home and have a question about a deeded 10 foot wide right of way that grants me access to the rear of the property over a portion of my next door neighbor's yard. When I was a kid all the yards in the neighborhood were open but slowly fences have been erected like everywhere else. Originally I think the easement was established to deliver coal to the rear of the house as well as access a drain field but neither is no longer necessary. Anyway, first one owner of the house put up a gated fence on their property, no problem, we very occassionally opened it. Then another owner added a second fence to the front, that had a section that would pull out. Around this time I married, moved out of state and my late father lived alone in the house and wasn't too aware (nor me) of what the neighbors were up to. Now, the latest owner has put up a different fence, let trees grow on the easement and has also done some landscaping. Right now, I really have no immediate need to use the right of way but another neighbor who is a lawyer says I should do something to remove any obstructions because I could lose the right of way which I guess has some monetary value. But, other than exercising my rights which I guess do have, and preserve some unknown property value, I have no immediate reason to go and tear up my neighbor's yard. So;
1. Should I clear the obstructions?
2. Do I have to pay to remove trees etc.?
3. If I don't do I lose the right of way even if it's deeded?
 


HomeGuru

Senior Member
Deuce said:
What is the name of your state? What is the name of your state? Massachusetts
I've recently inherited my boyhood home and have a question about a deeded 10 foot wide right of way that grants me access to the rear of the property over a portion of my next door neighbor's yard. When I was a kid all the yards in the neighborhood were open but slowly fences have been erected like everywhere else. Originally I think the easement was established to deliver coal to the rear of the house as well as access a drain field but neither is no longer necessary. Anyway, first one owner of the house put up a gated fence on their property, no problem, we very occassionally opened it. Then another owner added a second fence to the front, that had a section that would pull out. Around this time I married, moved out of state and my late father lived alone in the house and wasn't too aware (nor me) of what the neighbors were up to. Now, the latest owner has put up a different fence, let trees grow on the easement and has also done some landscaping. Right now, I really have no immediate need to use the right of way but another neighbor who is a lawyer says I should do something to remove any obstructions because I could lose the right of way which I guess has some monetary value. But, other than exercising my rights which I guess do have, and preserve some unknown property value, I have no immediate reason to go and tear up my neighbor's yard. So;
1. Should I clear the obstructions?

**A: yes, but you request that the landowner do so.
**********


2. Do I have to pay to remove trees etc.?

**A: no unless there is an agreement that states otherwise.
*********
3. If I don't do I lose the right of way even if it's deeded?

**A: you have not confirmed that you have a deeded right-of-way. From what I read in your post, you have no idea since you stated."I think....I guess......"
 
D

Deuce

Guest
Thanks for the advice....oh, I'm sure the right of way is deeded, it's mentioned in the deed and shown on the plat. Thanks again.
 

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