Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 58 (2026)

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

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 50 cases (16 in the last 5 years), 1973–2026 · leading case: Rowley v. Massachusetts Elec. Co., 438 Mass. 798 (Mass. 2003).

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Rowley v. Massachusetts Elec. Co., 438 Mass. 798 (Mass. 2003). · cites it 6× “In this case we must determine whether the owners of property abutting a former railway may claim title to the land within it pursuant to G. L. c. 183, § 58, a provision enacted to clarify ownership and ease the difficulty of identifying the owners of the small strips of land…”

Emery v. Crowley, 359 N.E.2d 1256 (Mass. 1976). · cites it 10× “His appeal requires that we construe the provisions of G. L. c. 183, § 58, for the first time. The controversy focuses primarily on property rights in parcel 2, which is a “paper street” running perpendicular to a public way, North Street.”

Zora Enter., Inc. v. Burnett, 810 N.E.2d 835 (Mass. App. Ct. 2004). · cites it 9× “Burnett (the Bur *342 netts) would, in ordinary circumstances, own the disputed fee interest by virtue of the operation of G. L. c. 183, § 58 3 ; (2) the contention of Zora Enterprises, Inc.”

Smaland Beach Ass'n, Inc. v. Genova, 112 N.E.3d 814 (Mass. App. Ct. 2018). · cites it 5× “Final judgment entered in August, 2013, incorporating the findings of both the bench trial and the jury trial.”

Tattan v. Kurlan, 588 N.E.2d 699 (Mass. App. Ct. 1992). · cites it 5× “The defendants denied Tattan’s ownership and counterclaimed for a declaration that they were the fee simple owners of one-half of the proposed roads abutting their respective properties to the centerlines of the roads, pursuant to G. L. c. 183, § 58. 2 Following limited…”

Adams v. Plan. Bd., 833 N.E.2d 637 (Mass. App. Ct. 2005). · cites it 3× “After a trial, a Land Court judge determined that by retroactive operation of the derelict fee statute, G. L. c. 183, § 58, which had been inserted originally by St.”

Hanson v. Cadwell Crossing, LLC, 848 N.E.2d 1240 (Mass. App. Ct. 2006). · cites it 7× “The plaintiffs claim that lot A was a contemplated way at the time they purchased their lots and that they now own the fee as abutters pursuant to G. L. c. 183, § 58, the derelict fee statute.”

Hickey v. Pathways Ass'n, Inc., 37 N.E.3d 1003 (Mass. 2015). · cites it 2× “See G. L. c. 183, § 58. Although that statute does not apply to land registered prior to its enactment, and thus is not applicable to any of the lots at issue here, it does apply prospectively to registered land.”

Boudreau v. Coleman, 564 N.E.2d 1 (Mass. App. Ct. 1990). · cites it 2× “See G. L. c. 183, § 58, as amended by St. 1973, c.”

McGovern v. McGovern, 933 N.E.2d 980 (Mass. App. Ct. 2010). · cites it 3× “4 The judge concluded that by operation of G. L. c. 183, § 58, the derelict fee statute, plaintiffs Francis and Phyllis McGovern own the easterly portion of Bagley Avenue to the center, and defendants Christine McGovern and Anthony Leonti own the westerly portion of Bagley…”

Murphy v. Olsen, 826 N.E.2d 249 (Mass. App. Ct. 2005). “Pointing to G. L. c. 183, § 58, he noted that the fee title had passed to each of the lots fronting on that way.”

Estes v. DeMello, 814 N.E.2d 1 (Mass. App. Ct. 2004). “Had Faria not expressly reserved the fee in the way, portions of it would have passed to the DeMellos under G. L. c. 183, § 58. Even if the easement grant were subject to a condition subsequent, it is unclear why we should not consider the condition satisfied by the later…”

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— Mass. Gen. Laws ch. 183, § 58(6) — 1 case

Tattan v. Kurlan, 588 N.E.2d 699 (Mass. App. Ct. 1992). “The defendants denied Tattan’s ownership and counterclaimed for a declaration that they were the fee simple owners of one-half of the proposed roads abutting their respective properties to the centerlines of the roads, pursuant to G. L. c. 183, § 58. 2 Following limited…”

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