My home/land abutts a private road, I would like to extend my driveway to use the private road to pull in and out. I asked the owner of the private road and he said no, can I request an easement from the town? Do I have any other options?
Take your papers to an attorney. Perhaps you have some right to use the private road that you are unaware of, which may be the case. If not, perhaps an easement could be negotiated for the right price. Hire a lawyer.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Charles River Law Partners LLC in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. Because answers are based only on the limited information voluntarily provided in a public forum, they should never be relied as legal advice. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question.
Only the actual owner of the property can grant an easement, the town doesn't have the ability to get you one. Absent certain factual circumstances, generally there is no right to demand an easement, you must negotiate to buy one from the owner of the land. It's unclear from your post if you would need to cross someone else's land in extending your driveway, or if you're just looking to connect your driveway across your own land. Those are different situations. A "private" road is not actually blocked from traffic to other people, so you may not need an easement here (although getting one would likely reduce future legal troubles.) Have a real estate lawyer review the plots and deeds and see what's going on and give you more specific advice.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
If your property abuts the way, then the chances are greater that you may have a right to use the way already However, if your property does not abut the way, then it more likely that you may not have a right to use the way. If you do have no right to use the way, then the owner or owners of the way, or others who may already have a right could potentially grant you an easement. However, the town cannot.
This answer does not form an attorney-client relationship and should not be relied on as advice. It is intended as a general response based on the state of the law, and not as a formal opinion, guarantee, or prediction of an outcome to any dispute. Without discussing the matter and without reviewing any pertinent documents, this attorney has insufficient information for analyzing the strengths and weaknesses of any particular claim or issue.
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