My property abuts a 93 foot section of roadway that went into probate in 1935. Since that time no one has taken claim to this section of roadway, and the town has not accepted the roadway as a public or private way..... betterments were installed by the town and fees charged to all abutters. Now one of the abutters is attempting to take adverse possesion of this section of roadway. There are 3 land owners that depend on traversing this roadway to gain access to their property. My question is does he need to say he solely took care of this roadway to take it by way of adverse possesion ? He has been living on this roadway for greater then 20 years....and I have been here for 17 years. What is the best way for this action to be stopped ? Does a roadway fall under this adverse possesion law?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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