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My husband and I recently purchased a home in Massachusetts

 
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  • Answered by:LegalBeacon
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Customer Question

My husband and I recently purchased a home in Massachusetts and upon reading the deed, were quite suprised to discover that we also now own an undeveloped wooded parcel of land on the other side of town. After doing a little research, it looks like the land lies on what the City is identifying as a public street/right-of-way, however that right-of-way is completely wooded and not cleared or paved in any way. If we choose to develop this property, do we have any right to ask the City to clear and pave what should be a public street according to the maps, so that we can access our property? Who should we contact first to figure all of this out? Thanks for any advise!

 

Optional Information:
State/Country of Question: Massachusetts

Submitted: 1028 days and 14 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

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Expert:  LegalBeacon replied 1028 days and 14 hours ago.

Hi there. The city's right of way ("ROW") does not require them to do anything....it simply gives them the right to do so when and if they are ready. It's possible that if the city has made other plans and has no intention of utilizing this ROW, that you could buy it back very reasonably. To get started on this, the best route would be for you to: i) contact a civil engineer that works with the city's engineering and planning folks on a regular basis so that he/she has a good relationship with them; or ii) contact the city's engineering and planning department yourself. I would recommend subparagraph (i) because if you go to most city planning and engineering folks without a prior relationship, they are pretty non-responsive.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Expert TypeAttorney
Pos. Feedback: 99.5 %
Accepts: 11999
Answered: 7/28/2009

Experience: Attorney/Developer

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