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Lucy, Esq.
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What are the laws regarding maintenance of right of ways

Customer Question

what are the laws regarding maintenance of right of ways
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

The first step is to check the document establishing the right of way. It often will say who is responsible for maintaining it. If the document doesn't say, then the person who holds the right to cross the right of way is the one responsible for maintaining it. See Shapiro v. Burton, 23 Mass. App. Ct. 327, 333, 502 N.E.2d 545, 549 (1987). When a right of way benefits more than one property, everyone who's using it would pay part of it, based on the part of the total square footage they're using.

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Expert:  Lucy, Esq. replied 3 months ago.

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