Massachusetts General Laws
Mass. Gen. Laws ch. 84, § 23 (2026)
Dedicated ways
✓ current as of July 2026
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Section 23. A way opened and dedicated to the public use, which has not become a public way, shall not, except as provided in the two following sections, be chargeable upon a town as a highway or town way unless laid out and established in the manner prescribed by statute.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1927–2024 · leading case: Dakin v. City of Somerville, 160 N.E. 260 (Mass. 1928).
Dakin v. City of Somerville, 160 N.E. 260 (Mass. 1928). “The question remains whether this parkway or boulevard is “A way opened and dedicated to the public use” within the meaning of those words in G. L. c. 84, § 23. A way by dedication is a way over land which the owner thereof has dedicated to the use of the public for a way.”
Uliasz v. Gillette, 256 N.E.2d 290 (Mass. 1970). “6 We disagree with this contention and with the judge’s conclusions thereon. The portion of Savoy Street in controversy was never laid out or estab- *104 listed as a public way, and there is no evidence that it was ever “treated as such by the Qfjity.”
Fenn v. Town of Middleborough, 386 N.E.2d 40 (Mass. App. Ct. 1979). “On these findings the judge drew the conclusion that the streets in question were public ways.”
Loriol v. Keene, 179 N.E.2d 223 (Mass. 1961). “This requirement has been retained by G. L. c. 84, § 23. 4 Since the enactment of this statute in 1846, a public way cannot be created by dedication.”
Siegemund v. Bldg. Comm'r of Boston, 156 N.E. 852 (Mass. 1927). “In our opinion the word “street” as used in §§ 12 and 13 *334 of the zoning act means a public way. It is manifest that Franklin Garden as shown on this record does not come within any proper definition of ' ‘ street ’ ’ as used in the act.”
Teague v. City of Boston, 179 N.E. 806 (Mass. 1932). “There was evidence that Smith Court was a "way opened and dedicated to the public use ” within G. L. c. 84, § 23. It is provided by G. L.”
Town of Concord v. Neil E. Rasmussen & Others. (Mass. App. Ct. 2024). “See G. L. c. 84, §§ 23, 24. We think this language strongly signals that warning the public against entering the disputed sections of Estabrook Road was intended to insulate the town from liability; the language was insufficient to formally discontinue public access.”
Cumming v. Town of Plymouth, 296 N.E.2d 824 (Mass. App. Ct. 1973). “Absent a showing that the private property was a way “opened and dedicated to the public use” (G. L. c. 84, § 23), the fact that the defendant town had painted the curb over which the plaintiff fell did not expose the defendant to liability by reason of anything in G.”
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