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Private Road Rights

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lmccarthy

Junior Member
What is the name of your state? Massachusetts

I live on a paper road. I am the only address on this road. A developer wishes to actually build this road so that he may have access to two new subdivisions. The road was never built - probably because of its proximity to the wetlands. Anyway- if I am the only address on this non-existent road do I have a right to access this road- were it to be built. The road will be private. I do not have anything written into my deed as to an easement as some other homeowners have but the original deed to the house was written in 1870. My house was the first house that was subdivided from the farm that encompassed much of the surrounding area. I should say that none of us want this road to go in and are looking for fodder. Thanks L.
 


BelizeBreeze

Senior Member
The answer depends on a lot of things that you have not, or cannot post at this time. My best advice is to contact a local attorney about prescriptive easement should plans for the road continue.
 
S

seniorjudge

Guest
lmccarthy said:
What is the name of your state? Massachusetts

I live on a paper road. I am the only address on this road. A developer wishes to actually build this road so that he may have access to two new subdivisions. The road was never built - probably because of its proximity to the wetlands. Anyway- if I am the only address on this non-existent road do I have a right to access this road- were it to be built. The road will be private. I do not have anything written into my deed as to an easement as some other homeowners have but the original deed to the house was written in 1870. My house was the first house that was subdivided from the farm that encompassed much of the surrounding area. I should say that none of us want this road to go in and are looking for fodder. Thanks L.
I am not sure what a "paper road" is, but if there is an easement for ingress and egress in writing, you generally cannot get rid of it.
 

BelizeBreeze

Senior Member
seniorjudge said:
I am not sure what a "paper road" is, but if there is an easement for ingress and egress in writing, you generally cannot get rid of it.
a 'paper road' is a dirt road built into the side of a mountain, series of hills or other terrain for logging activity. The road is utilized by logging trucks to remove trees used in the production of wood and wood by-products.
 
S

seniorjudge

Guest
BelizeBreeze said:
a 'paper road' is a dirt road built into the side of a mountain, series of hills or other terrain for logging activity. The road is utilized by logging trucks to remove trees used in the production of wood and wood by-products.
Ah! Regional dialect. In the Ozarks, we call such a road "main street." :D
 

BelizeBreeze

Senior Member
seniorjudge said:
Ah! Regional dialect. In the Ozarks, we call such a road "main street." :D
Depends on what part of the ozarks you're in. In Bella Vista we call it the outback, in Pea Ridge it's called Main St. and in Anderson it's just called the car wash.
 

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