You might wake up to the rumble of trucks using your road to reach a nearby build site. A developer has moved in and turned your quiet street into a construction route. If you never permitted that kind of access, are they legally allowed to use your road without approval from you or your neighbors?
In Massachusetts, the answer often depends on the type of road and what your deed or easement says. If the road is public, developers usually do not need permission from abutters as long as they follow local permit conditions. If it is a private way, which is common in residential neighborhoods, the rules are less straightforward.
When is permission required to use a private road?
Private roads are often maintained by abutters or shared among homeowners. Deeds or easement agreements typically establish who can access them and for what purpose. Some allow only residential traffic. Others say nothing about construction. When the language is vague or incomplete, disagreements are more likely.
If construction vehicles start using a road you rely on, consider these details that help determine whether the developer needs your permission:
- Access type in the easement: Some easements allow only basic residential access. If the document does not mention construction, the developer might need your permission.
- Impact on your property: If road use interferes with access, damages shared areas or disrupts daily use, you may have grounds to object.
- Outdated or unclear terms: Older documents may not reflect current construction practices, which makes it unclear whether developers need consent.
- No recorded access: If no easement exists, they could be trespassing.
Before any work begins, review your deed or easement terms to understand what the developer can and cannot do.
Your permission carries legal weight
Sometimes, the right to use a road for construction depends on whether you, as an abutter, have agreed to it. Knowing what your deed allows gives you a clear understanding of where you stand, so you can speak up early, ask the right questions or push back before the situation escalates.
