Mass. Gen. Laws » Part I Title VII Chapter 40
Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 6N (2026)

Private ways; temporary repairs, ordinances or by-laws

✓ current as of July 2026
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Section 6N. Cities and towns may by ordinance or by-law provide for making temporary repairs on private ways. Such ordinance or by-law shall determine (a) the type and extent of repairs; (b) if drainage shall be included; (c) if the repairs are required by public necessity; (d) the number of percentage of abutters who must petition for such repairs; (e) if betterment charges shall be assessed; (f) the liability limit of the city or town on account of damages caused by such repairs; (g) if the ways shall have been opened to public use for a term of years; and (h) if a cash deposit shall be required for said repairs.

Notes of Decisions
Cited in 3 cases, 1979–1997 · leading case: Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979).
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Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “693, § 2 (G.L.c. 40, § 6N). The Legislature presumably knew of the existing statutes.”
Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “693, § 2 (G. L. c. 40, § 6N). The Legislature presumably knew of the existing statutes.”
Annesse v. Billerica Dep't of Pub. Works, 6 Mass. L. Rptr. 493 (Mass. Super. Ct. 1997). “Finally, allowing the town to make temporary repairs to private ways (see G.L.c. 40, §6N) has no direct bearing on the power of the town to condition a building permit on the developer’s provision of access to the developed property.”
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