Situation: A family owns a residence on a parcel, including, as evidenced and pictured on the City’s assessment pages, a small portion that runs by their residence on the surface of an aqueduct that passes through Waban. The public has enjoyed the use of the aqueduct path for hundreds of years. The family now finds the public passage to be intrusive and disturbing, keeping them awake at night. Neighbors try to find common ground with the owners to keep the passage open. In spite of ongoing community informational discussions, the property owners erect a cyclone fence to prohibit the public from using the land the family sincerely believes they own.

Issues: What are the issues here? We know and appreciate the importance of Property Rights that are involved and do not take them lightly. We know also that there is a public policy called Adverse Possession that could be brought into play to keep the path open for public enjoyment. We understand that the City in the past neglected to obtain surface rights to this small portion of the aqueduct as it has on other portions of the pathway. Some of the complex of questions that arise may involve 1) Neglect or discrimination by the City; 2) Complementary/Competing Rights of the Aqueduct’s Ownership Entities, be they local or state owned or assigned or designated; 3) Determination of “Standing” to raise adverse possession for the public. If as explained by the local Ward 4 City Councilor, the City seems uninterested in supporting the public’s claim through a City lawsuit or other legal maneuvers, are the abutters the only sources of support for this approach? Does the “public” have standing? 

Solutions: Are there any “Solomons” in the community, legal or wannabe, who could help to inform public discourse and lead to a peaceful and respectable resolution to this problem?

No snark, please. Just helpful hints.