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You Can Construct a Sewer Line In Your Private Right of Way

By Doug Cornelius

Constructing a sewer line under a preexisting easement which allows for ingress and egress is permissible under Massachusetts General Laws c. 187, § 5.Massachusetts General Laws c. 187, § 5 provides that the owner of property abutting a private way who has existing rights of ingress and egress upon such way ?shall have the right by implication to place, install or construct in, on, along, under and upon said private way or other private way pipes, conduits, manholes and other appurtenances necessary for the transmission of . . . sewer service, provided such facilities do not unreasonable obstruct said private way or other private ways, and provided that such use . . . does not interfere with . . . the existing use by others of such way.?A driveway easement has been ruled to be a "private way" for purposes of this statute...continue to full post

Full post as published by Real Estate Space on June 20, 2008 (boomark / email).