Who owns a proposed rd in ma?

Answer 1

This is a complicated issue and an experienced title examiner would need to do some research in any particular case. There is no universal answer. That question is an often visited topic in conveyancing. Especially when that proposed road was never built and it evolved into a paper street. There are several considerations that include the following:

• Assuming the proposed road is on a subdivision plan, if there are lots abutting the road and they are sold, each owner may own up to the middle of the proposed street abutting their lot. See MGL Chapter 183 Section 58.
• If the deeds out for lots on the plan grant the right to use all the streets and ways as shown on the plan that may create a right in the proposed street for every lot owner.
• If no lots abut the proposed street, and no rights were granted to use the streets and ways shown on the plan then the fee owner of the land may still own the land under the proposed street.

You need a review by an experienced professional who can examine the title and explain the laws in your jurisdiction.

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