My cross street neighbor is going to use heavy equipments to dig trees out from my side of the street. How can I stop them?

Asked over 1 year ago - Hopkinton, MA

I live in MA. In front of our house, a section of the road is “not town accepted road”. It is a death end road. The cross street neighbor dug out some plans in my side of road several years ago. Now they want to dig again. I told them No. I do not allow them to dig. They said that they are going to dig anyway. They have heavy equipments. They are going to use them to dig anyway. Do they have the right come to my side of the road to dig? How can I stop them? They want to put a telephone pole on my side of the road and wire electricity lines by themselves. What can I do?

Attorney answers (3)

  1. E. Alexandra Golden

    Contributor Level 19

    7

    Lawyers agree

    Answered . GET A LAWYER!!! There is no way to answer this question unless all the facts are on the table. You need an attorney who specializes in land use and zoning to review the boundary lines and easements and determine whether the neighbor has any rights. Even if he has rights, nothing can be done unless all applicable codes and zoning requirements are met. If he doesn't have rights, the attorney needs to determine if a demand letter will be sufficient or if you will need to go to court to get an order barring the activity.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  2. Erik Hammarlund

    Contributor Level 18

    4

    Lawyers agree

    Answered . Get a lawyer. Nobody can answer this without reviewing the deeds to your property and your neighbor's property.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  3. Ryan Vancil Esq

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . You should hire a land-use attorney immediatly. There are things you can do, such as challenging any permits that your neighbor needs to do this project, or reporting them from violations if they don't have permits. However, if they have equipment ready to go anything you do will likely be too little too late if you do not get an attorney to help you get an injunction or take similar action.

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