Mass. Gen. Laws » Part I Title XIV Chapter 85
Massachusetts General Laws

Mass. Gen. Laws ch. 85, § 4 (2026)

Construction of sidewalks by adjoining landowners

✓ current as of July 2026
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Section 4. A person owning or occupying land adjoining a public way in a town may construct a sidewalk within such way and along the line of such land, indicating the width of such sidewalk by trees, posts or curbstones set at reasonable distances apart, or by a railing; and, if a sidewalk is so constructed, whoever rides or drives a horse or team upon and along the same shall forfeit one dollar, to be recovered by such owner or occupant in tort. But this section shall not affect the authority of surveyors of highways or of road commissioners, or any other authority which can legally be exercised over ways, or diminish the liability of any person for unreasonably obstructing ways, nor shall it apply to cities.

Notes of Decisions
Cited in 2 cases, 1928–2000 · leading case: McCarthy v. Shaheen, 161 N.E. 878 (Mass. 1928).
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McCarthy v. Shaheen, 161 N.E. 878 (Mass. 1928). · cites it 3× “” The defendant with the approval of the selectmen and acting under G. L. c. 85, § 4 (which authorizes a person owning or occupying land adjoining a public way in a town to construct a sidewalk within the way and along the line of his land) had built the sidewalk in question.”
Kemble v. Metro. Dist. Comm'n, 727 N.E.2d 529 (Mass. App. Ct. 2000). “81, § 20, which instructs the department of highways to construct sidewalks “along” parts of State highways; and G. L. c. 85, § 4, which permits a person owning land adjoining a public way to construct a sidewalk “within” such way and along the line of such land.”
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