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Who is responsible to maintain private road with right of way access?

Hyannis, MA |

I have a legal right of way access to use my neighbors private road to reach my property. The road has deteriorated to the point where it is not safely passable. Who's responsibility is it to maintain this road? In addition, I am concerned that emergency vehicles can no longer access my property?

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Attorney answers 2


The general rule would be that you are responsible for maintaining the easement in a passable/usable condition unless the easement itself provides something different. You need to find that document (it may be in your deed or may be recorded separately) and review it. If it is not clear, you need to talk to an attorney.


Start by reading the document under which you obtained the rights.

In most cases, easements do not create obligations on the owner of the underlying property. However, roads are a common exception: the costs for maintenance are more often set forth in an easement.

You would be well advised to bring the document to an attorney for review.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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