Mass. Gen. Laws » Part II Title I Chapter 187
Massachusetts General Laws

Mass. Gen. Laws ch. 187, § 5 (2026)

Installation of public utility services for abutting owners on private ways authorized

✓ current as of July 2026
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Section 5. The owner or owners of real estate abutting on a private way who have by deed existing rights of ingress and egress upon such way or other private ways shall have the right by implication to place, install or construct in, on, along, under and upon said private way or other private ways pipes, conduits, manholes and other appurtenances necessary for the transmission of gas, electricity, telephone, water and sewer service, provided such facilities do not unreasonably obstruct said private way or other private ways, and provided that such use of the private way or other private ways does not interfere with or be inconsistent with the existing use by others of such way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans and practices of the utility company which is to provide the gas, electricity, or telephone service, and the appropriate cities, towns, districts, or water companies which provide the water service. Said agencies, which provide such service, shall comply with the rules and regulations of the division of water supply and the department of public utilities or the department of telecommunications and cable. Any such owner or owners may grant permission to a public utility company or water company to enter upon said way or other private ways to place, install, repair, or relocate pipes, conduits, manholes, and other necessary appurtenances for the transmission of gas, electricity, telephone or water service in accordance with such company or companies regulations, practices and tariffs filed with the department of public utilities or the department of telecommunications and cable or the division of water supply; provided, however, that no charge or added assessment shall be levied by such public utility company or companies against any such owner or owners not connected to such service or services. Neither the person installing or repairing public utility facilities, nor such facilities, nor the gas, electricity, telephone or water service transmitted shall be deemed to constitute a trespass upon said way or ways.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1980–2026 · leading case: Nantucket Conservation Found., Inc. v. Russell Mgmt., Inc., 402 N.E.2d 501 (Mass. 1980).
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Nantucket Conservation Found., Inc. v. Russell Mgmt., Inc., 402 N.E.2d 501 (Mass. 1980). · cites it 13× “At issue is whether G. L. c. 187, § 5, 1 applies retrospectively so as to allow Russell Management, Inc.”
Adams v. Plan. Bd., 833 N.E.2d 637 (Mass. App. Ct. 2005). · cites it 7× “Gobbi’s contention that he is entitled, under G. L. c. 187, § 5, 17 to install utilities in the disputed way, combined with our conclusion that he holds an easement by implication or necessity over that portion of the disputed way not retained by the Coombses for the benefit of…”
Lane v. Zoning Bd. of Appeals, 841 N.E.2d 260 (Mass. App. Ct. 2006). · cites it 4× “Having determined that the defendants had rights of access across the locus, the judge then ruled that the defendants had a concomitant right to lay utilities on or under the locus pursuant to the provisions of G. L. c. 187, § 5. 7 The plaintiffs argue that the conclusion is…”
Haugh v. Simms, 835 N.E.2d 1131 (Mass. App. Ct. 2005). · cites it 10× “After a one-day trial consisting of a view, three witnesses, and twenty exhibits, a Land Court judge determined that there was such an easement and that therefore Simms could lay utilities along lots 4A and 7A pursuant to G. L. c. 187, § 5. The Commonwealth appeals from the…”
Robinson v. Bd. of Health, 791 N.E.2d 350 (Mass. App. Ct. 2003). · cites it 6× “The judge mled that G. L. c. 187, § 5, governed the case and warranted the board, acting on substantial evidence in the record, to authorize the installation of the proposed sewer/septic system under the private way in accordance with the statutory conditions of nonobstmction…”
Barlow v. Chongris & Sons, Inc., 647 N.E.2d 437 (Mass. App. Ct. 1995). · cites it 7× “The judge found that G. L. c. 187, § 5, as amended through St.”
Fed. Ins. v. Boston Water & Sewer Comm'n, 583 F. Supp. 2d 225 (D. Mass. 2008). · cites it 2× “MATEP’s attempt to demonstrate that its actions were authorized by M.G.L. c. 187, § 5, is unconvincing. That statute deals with the right of landowners to permit utility companies to operate utilities on private ways abutting their property.”
Estes v. DeMello, 814 N.E.2d 1 (Mass. App. Ct. 2004). “For example, no case has squarely addressed whether an abutter to a private way holding rights of ingress and egress by estoppel holds such rights “by deed” within the meaning of G. L. c. 187, § 5. See Cumbie v. Goldsmith, 387 Mass.”
Cumbie v. Goldsmith, 439 N.E.2d 815 (Mass. 1982). · cites it 2× “1014 [1981]) on the ground that “[t]he Legislature has recently dealt with the problem and has not afforded any such privilege as that now sought by G. L. c. 187, § 5, as appearing in St. 1975, c.”
Nylander v. Potter, 423 Mass. 158 (Mass. 1996). “8 (1982) (G. L. c. 187, § 5 [1994 ed.], which extended authority to lay underground utilities to possessors of right of way, applies only to those general grants of right of way expressed by deed).”
Post v. McHugh, 920 N.E.2d 898 (Mass. App. Ct. 2010). “Moreover, the expanded rights available pursuant to G. L. c. 187, § 5, 13 apply when rights in a way arise by implication or necessity based on the parties intent, see Adams v.”
Miles v. Plan. Bd. of Millbury, 536 N.E.2d 328 (Mass. 1989). “c. 41, § 81M.” (Citations omitted.) Sansoucy v.”
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