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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2563
Experience:  Helping you with your legal questions.
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We bought a home that has access to it through a deeded

Customer Question

we bought a home that has access to it through a deeded right of way with no named fee. I want to know what our rights are to use the right of way and maintain it. The current owner of the land will not allow us to do anything with/to the land, yet he doesn't maintain it and has narrowed it from the original deeded 20 foot wide access to 11 feet wide.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Mass
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: other than the owner harasses us with signs, speed bumps and bricks placed in the holes of the dirt road.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

If you have a legal right to use the right of way, then you have a right to use it. If the wide access is to be 20 feet, then it should be 20 feet. The right of way should be maintain for reasonable use of it. We can discuss more if you would like to do so.

Customer: replied 9 months ago.
is he allowed to place speed bumps throughout and narrow the passage. If he does, can we widen to what it should be - do we have legal access to do so.
Expert:  Damien Bosco replied 9 months ago.

Not sure the purpose of the speed bumps, that that would seem a deviation of the original intent of the ingress/egress. Seem to be something that can be disputed. Taking action to widen it on your own could cause you to get in a personal dispute, which no one wants to do as it may end up involving the Police. You may have to go to court about this. We can discuss more if you want to do so.

Expert:  Damien Bosco replied 9 months ago.

Hello again! Checking in to see if you further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to do so. If you are satisfied with your answer, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus too! Best regards.