Thursday, October 2, 2008

Mosher Lane easement

I have had a couple of questions about the warrant article on the Mosher Lane easement. I have put a couple of files up here and here so that residents can take ...

...a look at the plan. Let me know in comments if you have more questions. The town's interest in Mosher Lane is not settled. The town has taken ownership of the cemetery although it does not appear the cemetery has ever been deeded to the town. Mosher Lane is an ancient way and has never been taken by the town as a public way. This article seeks to have the town allow use of tte way as a precaution against future claims. Bank Five, the owner of the abutting property would grant a right to pass and repass on the way even after the easement is granted, if the Town Meeting does so.

3 comments:

Anonymous said...

Thanks for the information on this Bill. My property abuts Mosher Lane, and I was concerned that the town was “giving away” permissions/easements for which they had no rights in the first place. I'm still a bit confused about this, because the residents living at 5 and 7 Mosher Lane were completely unaware of this issue, and they "own" most of Mosher Lane. This is private land...how can it be given away?

Duval said...

Dear Bill,
I am interested in the subject of Ancient ways. How does one find out the history of these roads once traveled by the early settlers of Dartmouth? Who owns them? The abuttting property owners or the town?

Bill Trimble said...

I am not an attorney but my understanding is that ancients ways are roads, paths, or trails which existed before the legislature proscribed the method for acceptance of roads in 1846. I think that ancient ways are all private and the abutters own the land to the midpoint of the way. It seems that there are many conflicting and contradictory court rulings about the rights to use these ways.A couple of links to articles can be found here and here