Lawyer well-versed in neighbor disputes

[hahathor.livejournal.com]

I'm having some issues with my neighbors about use of a shared private way. I've been trying for several years to have a civil conversation with them about how we can best utilize our shared property so that we both can get the use we want out of it. However, they have become increasingly hostile toward me & it is getting to the point where it is difficult if not impossible for me to access my property, and damage has been done to both my house & my vehicle. I don't particularly want to bring this to court, but it's really getting intolerable, and I'm hoping that a lawyer might be able to provide some advice on the best way to handle this. The few real-estate lawyers I have contacted deal primarily with closings, and I think I need some one with direct experience in neighbor disputes.

Recommendations gladly accepted.

Comments

[zmgmeister.livejournal.com]

Is this a private way as in it's a road that only abutters can park on, or is this a shared driveway where you each have an easement on each other's deed?

P.S. Does anybody know what the legal status of a road marked "private way" is in Massachusetts? Certain neighborhoods ( the more "suburban" parts of Medford come to mind ) have "private way" marked on their street signs, but it's by no means a gated-community situation.

[ron_newman]

Somerville has lots of these as well, such as Chester Place near Redbones. If you were around there yesterday afternoon, you may have heard a loud marching band ;-)

Residents of private ways have to manage their own parking, including having non-resident cars towed away if necessary.

[kpht.livejournal.com]

I'm pretty sure it means that the residents of the way are responsible for paving and plowing instead of the town.

[zmgmeister.livejournal.com]

I've heard that before, but I have a hard time picturing someone taking up a collection for plowing and especially paving. Homeowners association-type arrangements aren't too big in these parts.

[kpht.livejournal.com]

We're on the corner of a regular street and I guess what was a private way, or maybe still is, although it's marked as a regular street. Apparently before I moved in here, my husband found out that the plow the private way hired did damage to our stone wall that runs along the way, and he couldn't go through the city to recoup any costs, he had to repair the wall himself. I'm not sure why he didn't go to small clams court over it, honestly.

[artguychris.livejournal.com]

I live on a private way in Somerville. According to the DPW, the city isn't allowed to use state funds for plowing or road repair. So you're pretty low on the priority list to get your street paved, though ours was redone a few years ago. In practice, it doesn't make much difference. Utilities must repair any holes they dig and the street is plowed by the city.

The big deal is that parking is limited to residents and abutters. Residents can sign a petition to exclude the abutters and erect a residents-only sign.

[hahathor.livejournal.com]

What exactly is the difference between a resident and an abutter? The laws concerning private ways are mind-bogglingly byzantine.

[zmgmeister.livejournal.com]

So, (@artguy) who physically owns the street? Do you own out to the middle of the street but grant an easement to everybody else, utilities, etc, or is the street owned by some other entity like a trust?