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Updated almost 2 years ago,

User Stats

6
Posts
3
Votes
John Fierke
  • Columbia, MO
3
Votes |
6
Posts

Massachusetts - Can I purchase right-of-way land from the 1 of 2 burdened parties?

John Fierke
  • Columbia, MO
Posted

We are using this house as an STR and it's actually in northern Berkshire county but there's no Location selection for that area. I've attached a snippet of our survey. The right of way is for all practical purposes a driveway directly adjacent to our house - the northern edge of our property is in red, the rear (eastern) portion of the right of way belonging to "Kevin" is in green, the front (western) portion belonging to "Randy" in purple.

We have a carport that we want to expand to allow 2 cars but that would go into Kevin's land that is burdened by the right of way.  He has no problem whatsoever with us utilizing his portion of the right of way - but we do eventually need to take care of legalities - I fear the time will come that he wants to sell the property and by then it will be too late to work this to our advantage.  A new owner might not be as agreeable as Kevin's been.

Kevin's willing to sell me his portion of the Right of Way and he and I are the only parties involved.  The front portion of the driveway burdens Randy and he constantly insists on parking there because he claims his deed doesn't mention any right of way.  Both our lawyer and the seller's lawyer have presented him with letters stating the contrary (2020 and 2022). During winter months there's a street parking ban (for snow clearing) and Randy agreed fairly cordially in October to not impede my guests when they needed to pull their vehicle off the street (typically he pulls his vehicle to the very rear of his purple portion, leaving an opening available for our guests to pull in a car.  Then the guests have to get up in the morning and move their car to the street so as to not block him in.

The question is - is it possible and will I be better off if I buy the green land?  At that point should I have the expectation that nothing can impede access to and from the carport?

BTW, I (and Kevin) have exhausted all avenues we can think of to find middle ground with Randy.  And also of note, when I updated Randy of other dates we had guests coming he said I should compensate him for the inconvenience - that I should pay him to not block the right of way.

I don't want to be THAT neighbor but I also have to look out for my property and my business.

Thanks all,

John

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