Neighbor blocked right of way easement with jersey barriers

[Jtom7]

What is the name of your state (only U.S. law)? Massachusetts

Hello, new here and looking for advice. My dear friend has a neighbor here in Massachusetts who blocked his right of way easement with jersey barriers. He lives next to a business and the owner of the business purchased a small road and cul de sac that abuts his business. My friend bought his house 8 years ago and has always used this as a egress for himself and his tenants. His deed shows he has a right of way easement from many years ago when the town owned the property. Then the business owner next door bought that cul de sac property at some point. My friends deed was never changed and still carries the ROW easment and used it for years until one day this guy gets upset and hires a surveyor and placed the blocks in the middle of the paved egress. The stakes the surveyor put in are even marked ROW and the jersey blocks are past that point onto my friends property. He has sought help from the town and originally the fire chief said let him put the blocks up then I will go there and fine him for it and make him remove them. Well he did and now the fire chief says he doesn't want to get involved. The register of deeds even said there is an easement and he can't do it but no one is helping him. He doesn't have money to hire a lawyer and I don't know what to do to help him. He is a great person and I hate seeing him stressed and pushed around like this. What can he do? How can he fix this? He's been there 8 years using that easement every day and now this. The easement was placed like 20 years ago and just because the town sold the road to the business man doesn't mean the easement is removed. In perpetuity is forever isn't it? We want to move the blocks but don't want to break the law. The police are tired of being called over land disputes and lawyers want $, big $. Would we be breaking any laws if we removed them? Hopefully I have explained well enough but any questions I will answer. I would really like to help him with this issue because I feel like he is really being wronged here. Thanks.

 

[Dave1952]

Your friend is correct that a lawyer is in order. Is there other access to this property? If he does not resolve this matter he may be sued by his tenants. Since you wish to help him, can you lend him money for the lawyer?

 

[154NH773]

The register of deeds even said there is an easement and he can't do it but no one is helping him

You cannot rely on what someone at the registry says.

If you are at the registry you can obtain the deed with the easement language on it, and search for any other deed between any former owner of your property, and any other person that may have extinguished the easement at some later date. If you are unable to do that, a title company can do the search for a minimal amount of money.

If you are confident that your friend has a valid easement (and here's where a lawyer would help), then you can remove the barriers from the right of way. Don't damage them or discard them, they are the neighbor's property. He might replace them, or he might take your friend to court.

If he goes to court, your friend can possibly defend himself with the deeds and a survey. It is not advisable to go to court without a lawyer, or to remove the barriers without a lawyers advice.

 

[Jtom7]

Hello, thank you for your replies! Yes he has a paved driveway of his own that runs straight down and then curves to the left where it has another opening (all paved) into a cul de sac which was a street the town owned. It has a town fire hydrant and some utility accesses. In recent years the man next door bought the land with this small street and cul de sac from the town. He became upset one day after 8 years with no issues and decided to block it with huge jersey barriers. My friend has all the paperwork from the register of deeds including his own deed which states he has 50 feet of right of way for egress and ingress. It has been that way for 20 years. Granted the man bought the property but the ROW easement is still on both his and my friends deeds/drawings. I don't understand how he can block this access when it shows in black and white that my friend has a ROW. I guess from what I'm understanding is because the man next door has $ he can just do whatever he wants and unless my friend has the $ to fight it he has no choice but to deal with it?? Seems awfully unfair that his only solution is to waste $ fighting this guy. What is the point of having a ROW written on official documents if town officials can't enforce them? Why should he have to spend what little $ he has to fight it?
It is plain as day in both parties documents stating that he has ingress and egress right of way. He went to town officials, fire chief who said "let him put them up then you can sue him and I will fine him and make him remove them" but after the man put them up the fire chief refused to help. The register of deeds (elected official) went to his house to discuss the issue and even said he can't do it, the easement is there and has been for many years but now they won't help him. His only choice is out of pocket hiring of a lawyer just to regain use of this egress again?? Seems highly unfair that you have to have $ to deal with it.
Thank you for your replies I am trying to get as much information to help him but the kind of $ lawyers are talking about makes it unlikely to hire one. Perhaps going to land court without an attorney is his only avenue.

 

[Jtom7]

I think I should add it has caused a lot of issues for his tenants entering and exiting the property in addition to his students as well. Everyone was able to come and go quite easily before this happened and after the barriers it has posed parking and incoming/exiting issues when multiple vehicles are there. It was obviously constructed to have 2 ways in and out for that reason otherwise why would he have paved driveway that adjoins the little street and cul de sac in addition to a ingress/egress right of way easement to that street.

 

[Dave1952]

Are you now saying that he has more than one entrance to his property? If that's so and money is tight why fight over this?

 

[154NH773]

Are you now saying that he has more than one entrance to his property? If that's so and money is tight why fight over this?

You should almost never give up an easement that adds value to your property.