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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 2849
Experience:  30 years of experience.
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I have Right of way to use my neighbor front yard that was

Customer Question

I have Right of way to use my neighbor front yard that was set up 60 years ago. Now I need to connect to the city tap water, because my well water runs totally dry. through the right of Way. Can I do it use my right of way?
JA: Where is the property located?
Customer: At 82 Old Meeting House Lane, Norwell, MA
JA: Has any paperwork been filed?
Customer: Yes, it has been filed to the city water department. It has been approved by the city; however, my neighbor has issue with it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We just move in to this area 3 months ago. I trace the deeds that indicated we have the right of way.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Expert:  Gerald-Esquire replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You have the right to connect to the city utility and you may cross your neighbors property in order to do so. This is referred to as a utility prescriptive easement. Your neighbor may not like it but he really has no choice.

You will be responsible to repair any damage to his property. This means if his lawn is torn up you are responsible for fixing the top soil and providing grass seed. But that is only fair sonce you are using his property.

Here is a link on the law regarding this:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter187

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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