Is there significant encroachment by abutters onto MBTA land along the proposed rail trail?
As of our 2003 survey, there were no structures owned by residential abutters on MBTA land along the route of the proposed rail trail, nor were there any other significant residential abutter encroachments. Encroachment by a business, however, occurs at Harbor Auto Body where, according to our analysis of its deed and the Townsend Board of Assessors maps, MBTA property extends approximately 24 feet north of the rail bed. There Harbor Auto has paved land and erected a chain link fence extending south from its boundary and onto the rail bed. Harbor Auto believes that it owns that land, but this conflicts with the plot plan referred to by its deed (a copy of which has been forwarded to Harbor Auto).
- If abutters use MBTA land long enough, can they claim it as their own through the adverse possession law (squatters rights)?
- How close are residential abutters property lines to the present rail bed along the proposed rail trail in Townsend?
- Is there significant encroachment by abutters onto MBTA land along the proposed rail trail?
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