OWNERSHIP OF UNDEVELOPED RIGHT-OF-WAY

While the question appears straightforward, the legal analysis is likely quite complicated here, as it appears several intricate areas of the law could potentially apply, each of which would be heavily dependent on the specific facts and circumstances involved.

For example, public records in the registry of deeds relating to ownership/right of way of the abutting parcels would probably need to be examined to determine if these issues are addressed therein. There could also potentially be issues as to ownership/right of way through adverse possession or similar doctrine based on continuous usage over a period of many years.

Additionally, based on your description, the subdivision control statute might apply here; Its application can be complicated and is heavily fact-dependent. Other land use laws could also apply including, by way of example, specific laws relating to public vs. private ways, discontinued ways, "paper streets," and the like. Again, this is heavily fact dependent. Much more factual information is necessary to guide any analysis here.

One place you might start is with your local planning board to see if they have a position as to the legal status of the way, and/or historical information relating to it that could help guide the analysis. You might see what records concerning the way (if any) you can collect from the planning board -- and any related agencies the P.B. suggests could also be involved -- then go from there to answer this more definitively.

Good luck.