Kelley Lane, Chatham, MA
Layouts, Boundaries and Easements
The plan below is for the taking of a Water and Sewer Easement over Kelley Lane (see Plan Book 677, Page 20). The defined Layout (AKA Right of Way) and the Easement described as Right of Way are depicted. In order to access the pump station at the Oyster Pond at Chatham, the Select Board will need to acquire either an easement over 159 Kelley Lane or a more convoluted easement over the Easements that border on the Oyster Pond at Chatham property.
Given the topography and the overall desire to use gravity sewer, it would make the most sense to acquire a specific easement from the owner of 159 Kelley Lane.
Kelley Lane was defined on a 1949 Subdivision Plan. The layout is the portion in bold running north and south. Coming off of the Layout are several Right of Way easements.
The abutter prepared a division off of the easements.
This is just a plan that is in the neighborhood.
The assessors’ map does show layouts throughout. However, there was nothing found in the record to support this layout. The current deed for 159 Kelley Lane references Deed Book 715, Page 174 and Deed Book 2080, Page 191 for easements of record affecting the property.
Deed Book 715, Page 174 describes the easement from the north and along the easterly boundary continuing to Oyster Pond. It also describes a Right of Way to Main Street over the 20’ easement that terminates at locus.
Deed Book 2080, Page 191 describes three easements. The first is the right of way to Main Street and a right of way to Oyster Pond River. The second is from the end of Kelley Lane to locus 159 Kelley Lane. The third is a reservation for others to use the easement on 159 Kelley Lane to access Oyster Pond River. Reference is made to a deed from Bearse to Kelley and to Deed Book 724, Page 385. However, these are both actually Deed Book 724, Page 384. This document is the conveyance of the entire subdivision depicted on Plan Book 88, Page 15. The easements listed are those previously described.
In conclusion, there are no known easements in existence over the southerly portion of 159 Kelly Lane. There are no formal improvements to suggest that people have claimed a right, though there may be some sign of a path where people have taken the more direct route to the commonly used water access.
