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Code · Massachusetts · Part II — REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS · Title I — THE GENERAL LAWS, AND EXPRESS REPEAL OF CERTAIN ACTS AND RESOLVES · Chapter 183

Section 58: Real estate abutting a way, watercourse, wall, fence, or other monument

162 words·~1 min read·/ma/part-ii/title-i/chapter-183/58

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Section 58. Every instrument passing title to real estate abutting a way, whether public or private, watercourse, wall, fence or other similar linear monument, shall be construed to include any fee interest of the grantor in such way, watercourse or monument, unless
(a)the grantor retains other real estate abutting such way, watercourse or monument, in which case,
(i)if the retained real estate is on the same side, the division line between the land granted and the land retained shall be continued into such way, watercourse or monument as far as the grantor owns, or
(ii)if the retained real estate is on the other side of such way, watercourse or monument between the division lines extended, the title conveyed shall be to the center line of such way, watercourse or monument as far as the grantor owns, or
(b)the instrument evidences a different intent by an express exception or reservation and not alone by bounding by a side line.
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