[Massplanners] Land separated by RR

[Bryon Clemence]

Is the RR active? Is the RoW documented?

I recently heard of a case where owners had been allowed to cross the
tracks to access their property there. The RR then discontinued the line
and removed the tracks. No problem for the owners. Years passed. Then the
RR restored the line, fenced it off, and denied the owners' access. I don't
know what form the original access took, deed, informal agreement,
adverse possession, etc. The uses on the other side of the tracks were
agricultural.

Good luck,

Bryon Clemence, P.E.
Boxborough MA


On Tue, Jul 5, 2022, 11:34 AM Doug Albertson via MassPlanners <
massplanners at masscptc.org> wrote:

> Hi experts and observers,
>
>
>
> I know the answer but want to see if any of you has an alternative truth.
> The property owner’s house has adequate frontage and area.  Behind it is
> the railroad owned in fee by the RR.  Then the owner’s next property of 35
> acres with no frontage.  There is an existing RoW crossing over the RR
> between the two.  The owner wants to know, of course, if he can create a
> building lot for his daughter on the rear parcel.  The first one of you who
> responds with “You’ve been doing this for 30 years and you have to ask?!?”
> is removed from my will.
>
>
>
> Are there any particular insights regarding railroad properties that would
> add radical variables to what should be an outright “no”?
>
>
>
> Doug
>
>
>
> Douglas Albertson
>
> Town Planner
>
> Town of Belchertown
>
> P.O. Box 670
>
> Belchertown, Mass.  01007
>
>
>
> (413) 323-0407  ext. 320
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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