The Massachusetts Appeals Court upheld an order barring neighbors from blocking a shared driveway that other homeowners used to reach their house while the dispute over the right of way is decided. Deeds showing a right of way, plus affidavits of more than twenty years of use, supported the judge’s preliminary injunction. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
Two sets of neighbors disagreed about a driveway that crosses one family’s land. The homeowners who used the driveway said their deeds gave them a right of way across it, and that they had used it to get to and from their home for over twenty years. They said the other side repeatedly blocked their access by leaving a parked vehicle in the right of way. The landowners argued the right of way did not benefit the other property and complained that the repeated driving and snowplowing damaged their land. Each side asked the Superior Court for a preliminary injunction, and the judge granted the users’ request and denied the landowners’ request.
What the court decided
In Haggerty v. Connell, No. 25-P-764 (Mass. App. Ct. August 5, 2026) (Rule 23.0 decision), the court affirmed both orders.
A judge deciding a preliminary injunction looks at the moving party’s chance of winning, the risk of irreparable harm without relief, and whether that risk outweighs the harm the order would cause the other side. Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 616-617 (1980). The Appeals Court reviews that decision only for abuse of discretion.
Likely success. The chain of title for the landowners’ property showed a right of way existed on it, and the chain of title for the users’ property showed an interest in a right of way. When an easement is created by deed, its meaning comes from the words of the deed, read in light of the surrounding circumstances when necessary. Patterson v. Paul, 448 Mass. 658, 665 (2007). It was not unreasonable for the judge to find a preliminary showing of a right to use the driveway.
There was also some evidence of a prescriptive easement, which arises from use that is open, notorious, adverse and uninterrupted for at least twenty years. G.L. c. 187, § 2; Boothroyd v. Bogartz, 68 Mass. App. Ct. 40, 43-44 (2007). The users filed their own affidavits and affidavits from several neighbors about that use. At this early stage the judge did not have to make final findings on every issue.
Irreparable harm. Repeatedly parking in a right of way to interfere with its use could be a continuing trespass, and the court explained that the proper remedy for a continuing trespass is an order stopping it, not money damages. That supported the finding of irreparable harm.
Balance of harms. A preliminary injunction ordinarily preserves the status quo while the case goes on. Doe v. Superintendent of Schs. of Weston, 461 Mass. 159, 164 (2011). Because the users said they had driven this route for years to reach their home, keeping it open preserved that status quo. The landowners’ complaints about wear and plowing did not outweigh the users’ harm.
What this means for you
If you reach your home over a driveway or path on a neighbor’s land, your rights usually start with the deeds. Language in your deed, and in your neighbor’s, can create a right of way that the neighbor cannot simply shut off. Even without clear deed language, use that is open, notorious, adverse and uninterrupted for twenty years can create a prescriptive easement.
When a neighbor parks a car or puts up a barrier in the way, you may not have to put up with it while a lawsuit drags on. A court can order the path kept open in the meantime. Proof matters. Here, the deeds and sworn statements from the users and their neighbors carried the day.
If you are the landowner, the lesson cuts the other way. Blocking a deeded or long used right of way on your own can lead to a court order against you. Raise your objections in court instead. Keep in mind this was only a preliminary ruling. The final rights to the driveway were still to be decided.
What to do now
- Pull your deed and your neighbor’s deed from the registry of deeds and look for right of way or easement language.
- Write down how long you have used the path, how often, and for what purpose.
- Ask neighbors who have seen your use over the years whether they would sign statements.
- Photograph and date every obstruction, such as parked cars, fences or barriers.
- Talk to a lawyer about asking the court to keep the path open while the dispute is decided.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. These cases move on short deadlines.
