Massachusetts General Laws

Mass. Gen. Laws ch. 84, § 1 (2026)

Repair of highways and town ways at expense of towns

✓ current as of July 2026

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Section 1. Highways and town ways, including railroad crossings at grade with such highways and town ways, shall be kept in repair at the expense of the town in which they are situated, so that they may be reasonably safe and convenient for travelers, with their horses, teams, vehicles and carriages at all seasons. A city or town shall submit a letter of request for such repair and for approval by the state department of highways. Upon receipt of such approval, the city or town shall be reimbursed by the commonwealth from monies which may be appropriated therefor by the commonwealth and the federal government to defray expenses of such repairs for safety programming. Such reimbursement will not create liability, of any kind, either civil or criminal on the part of the commonwealth or the federal government.

Notes of Decisions

Cited in 38 cases (4 in the last 5 years), 1922–2025 · leading case: Meyer v. Veolia Energy North Am., 121 N.E.3d 1221 (Mass. 2019).

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Meyer v. Veolia Energy North Am., 121 N.E.3d 1221 (Mass. 2019). · cites it 2× “Here, both G. L. c. 84, § 1, and the city's municipal code unambiguously place the obligation to maintain and repair the streets of Boston on the city.”

Halbach v. Normandy Real Est. Partners, 63 N.E.3d 388 (Mass. App. Ct. 2016). · cites it 3× “See G. L. c. 84, § 1, as amended by St. 1991, c.”

Robert D. Fratus, Jr. v. Town of Harwich & Others., 100 Mass. App. Ct. 27 (Mass. App. Ct. 2021). · cites it 4× “This court concluded that G. L. c. 84, § 1, which requires that towns keep highways and town ways in repair, did not create a private right of action, either express or implied, in a homeowner who had not suffered any injury to compel the town in which his property was situated…”

Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). · cites it 2× “…to differentiate between statutory private ways and public ways. See, e.g., G.L.c. 41, §§ 74-77; G.L.c. 82, §§ 21-24; G.L.c. 84, §§ 1, 6, 12-14; G.L.c. 85, §§ 3A-3B. See also St. 1975, c. 551, as appearing in St. 1977, c. 693, § 2 (G.L.c. 40, § 6N). The Legislature presumably…”

Fenn v. Town of Middleborough, 386 N.E.2d 40 (Mass. App. Ct. 1979). “In general, it may be said that an existing way in a city or town in this Commonwealth is not a "public” way — that is, one which a city or town has a duty to maintain free from defects (see G. L. c. 84, §§ 1,15,22; First National Bank v.”

Perry v. Plan. Bd. of Nantucket, 444 N.E.2d 389 (Mass. App. Ct. 1983). “See G. L. c. 84, §§ 1, 15 and 22. There is little doubt that the various statutes regulating the establishment and maintenance of public ways are designed to ensure safe and efficient access to the dwellings and buildings on abutting lands.”

Sanker v. Town of Orleans, 538 N.E.2d 999 (Mass. App. Ct. 1989). “at 692; G. L. c. 84, §§ 1, 15. And see Glannon, The Scope of Public Liability Under the Tort Claims Act: Beyond the Public Duty Rule, 67 Mass.”

Martin v. Bldg. Inspector, 649 N.E.2d 779 (Mass. App. Ct. 1995). “Similar language now appears in G. L. c. 84, § 1: “Highways and town ways shall .”

Ansell v. City of Boston, 254 Mass. 208 (Mass. 1926). “The points argued are (1) whether the motor truck of the plaintiff was a carriage within the meaning of that word in the last part of said § 24, and (2) whether on all the evidence it could have been found that the weight of the load and the truck was less than six tons. 1. It…”

Himelfarb v. Town of Brookline, 474 N.E.2d 1170 (Mass. App. Ct. 1985). “Whether the town had such an obligation turns on G. L. c. 84, § 1, as appearing in St. 1974, c.”

Heaney v. Colonial Filling Stations, Inc., 159 N.E. 916 (Mass. 1928). “G. L. c. 84, § 1. The abrupt descent of five and one half inches is not more dangerous to pedestrians than a curbstone over which the traveller passes when coming to a sidewalk of an intersecting street.”

Coombs v. Bd. of Selectmen, 528 N.E.2d 136 (Mass. App. Ct. 1988). “” The plaintiffs’ contention is that the authority conferred by this section extends only to city or town ways, not to county ways, and that cities and towns, despite their statutory obligation to keep up the county ways within their boundaries (G. L. c. 84, § 1), cannot…”

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