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  #1  
Old 09-03-2003, 04:15 PM
milendorf
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Posts: n/a

Right of Way


What is the name of your state? MA

I have a question about interpretation of "Right of Way". The property located in newton, MA and looks more or less like that:

-------------------------------
| | |
| | |
| A ----- B |
| | | |
| | | |
|------------| |----------|
| | | |
| | | |
| | RoW | |
| C | | D |
| | | |
| | | |
|------------|-----|----------|
PUBLIC STREET
--------------------------------

The property of interest is described in the deed as parcels A and B and "Right of Way". The parcel was created in 1926 with an intent to have 2 separate lots A and B and "Right of Way" was created as an access way to those parcels. However A and B where never sold separately and since the time of formation A and B and "Right of Way" is a single parcel (with one house). Abbuting parcels are C and D and in their deeds there is a reference to "Right of Way" only as part of Lots and Blocks description. Now the assumption is being made (by town) that "C" has a right to use "Right of Way", although C and D never used
"Right of Way" (there is a hedge along the sides of "Right of Way"). Both C and D have access from the public street. There is no explicit mention of right to pass in the deeds of either "C" or "D". Nevertheless, the city assumes "Right of Way" for "C". Why can't we say, that "Right of Way" is simply a contributing parcel to this piece of land, like "A" and "B" (let's say "E") and what it takes legally to change the deed to stop referring to "Right of Way"? Thanks.
  #2  
Old 09-03-2003, 04:29 PM
milendorf
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Posts: n/a

Right of Way - better picture


===========================
|---------------|-----------|
|---------------|-----------|
|----A-------=====------B--|
|------------|?????|----------|
|------------|?????|----------|
|============|?????|==========|
|------------|?????|----------|
|------------|?????|----------|
|------------|RoW|----------|
|-----C------|?????|-----D----|
|------------|?????|----------|
|------------|?????|----------|
|------------|-20'|----------|
xxxPUBLIC STREETxxxxxxxxxxxxxxx
----------------------------
  #3  
Old 09-03-2003, 08:06 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
R2D2 can't even figure that one out.
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