Private or Public road? (Mashpee: attorneys, neighborhood, assessments)

[BPDSUX]

I own a property on Cayuga Ave. in Mashpee Ma. The roads in the neighborhood havebeen neglected for years and now they have been deemed a hazard- emergency vehicles cannot pass certain spots. The question is who owns the road? According to the town Cayuga Ave. and surrounding roads are private belonging to the trust that originally developed the area. That trust was dissolved years ago. Now the town has come up with an estimate of $261,000.00 to repair the road. They want the project to be paid for by the people who own property which abuts the road. Are there laws that make the town responsible for these roads that have been "unowned" for all these years- can we file for an abatement to defray the cost?

CL

[wb9pru]

Originally Posted by BPDSUX

According to the town Cayuga Ave. and surrounding roads are private belonging to the trust that originally developed the area. That trust was dissolved years ago. CL

My guess is that you would spend a lot more on attorneys than just biting the bullet and paying your fair share of the improvements. (And you would probably lose). If the city formally dissolved the trust, then you may have a supportable argument. If the trust dissolved through inactivity or inattention of the members, then the obligations of the trust still exist. If the trust was managed by the property owners within the trust, then you are still responsible for your share of the trust's obligations to maintain the roads. The city probably has absolutely no obligation to maintain the roads because the city probably doesn't own them. When the trust dissolved, what was the disposition of the property under the roads?

Trusts don't just dissolve. There has to be a distribution of assets and obligations. I'll bet there is a huge chunk of back-assessments to be collected. Be careful what you wish for.