REPAIR OF WAYS AND BRIDGES

M.G.L. pt. Part I, tit. Title XIV, ch. c. 84

in effect

M.G.L. c. 84, § 1 Repair of highways and town ways at expense of towns

c. 84, § 1. Repair of highways and town ways at expense of towns 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.

M.G.L. c. 84, § 2 Repair of bridge by two or more towns; repair of drawbridge

c. 84, § 2. Repair of bridge by two or more towns; repair of drawbridge Section 2. If two or more towns within the same county which are required by law to maintain or keep in repair a bridge upon a highway or town way, differ as to the mode or time of doing the same, the county commissioners, upon application of either of said towns, after notice to all parties interested and a hearing, may pass such orders relative to the maintenance and repair of such bridge as in their opinion the public good may require. If a town or two towns within the same county required by law to maintain and to keep in repair a drawbridge over navigable tide waters which extend from any other town to the sea fail or refuse to maintain and keep in repair said drawbridge, the county commissioners, upon application of the selectmen of such other town, after notice to all parties interested and a hearing, may pass such orders relative to the maintenance and repair of such bridge as in their opinion the public good may require.

M.G.L. c. 84, § 3 Enforcement of order for repair

c. 84, § 3. Enforcement of order for repair Section 3. If any town does not comply with any orders passed by the county commissioners under the preceding section, within the time and in the manner prescribed in such orders and to the acceptance of the commissioners, the commissioners shall forthwith cause such bridge to be completed in accordance with such orders and shall direct the expenses and charges of completing the same to be paid in the first instance by the county, and shall order notice thereof to be given to the delinquent town, stating the proportion which it is to pay.

M.G.L. c. 84, § 4 Warrants against delinquent towns

c. 84, § 4. Warrants against delinquent towns Section 4. If a delinquent town does not pay its proportion of such expenses and charges within sixty days after the date of such notice, with interest at a rate to be fixed by the county commissioners, not exceeding ten per cent a year from the time when the same was paid by them, the commissioners, after a hearing, may issue a warrant against such town for the amount which it was ordered to pay, with interest and further costs of such notice and warrant, which shall be collected and paid into the county treasury.

M.G.L. c. 84, § 5 Appropriation for construction, repair, and maintenance of highway through two or more towns

c. 84, § 5. Appropriation for construction, repair, and maintenance of highway through two or more towns Section 5. When a highway runs through two or more towns, they may appropriate money for the construction, repair, maintenance or improvement thereof in common, and may purchase road machinery therefor in common. Money so appropriated shall be expended by such persons and in such manner as the towns concerned shall agree upon.

M.G.L. c. 84, § 5A Removal of snow or ice; equipment and employees

c. 84, § 5A. Removal of snow or ice; equipment and employees Section 5A. The selectmen, highway surveyor, highway commissioners, or other board or officer having charge of the maintenance of highways in any town which accepts this section may enter into agreements for the removal of snow or ice from, including sanding on, such public ways in adjoining towns as circumstances make necessary or convenient, and any town performing work in accordance with such agreement may be reimbursed for the expense thereof by the town for which such work is performed from the regular appropriation voted for highway maintenance or snow removal. For the purposes of this section, equipment and employees of a town while engaged in the removal of snow or ice from, including sanding on, such public ways in another town in accordance with this section shall be deemed to be engaged in the service and employ of the town performing the work hereby authorized.

M.G.L. c. 84, § 6 Sanding of tarred ways

c. 84, § 6. Sanding of tarred ways Section 6. Any public way which has been spread with tar, oil or similar substance, shall, within three hours thereafter, be covered with sand, gravel, peastone or other similar material in such manner as to render the way safe for travel. But such way may be so treated without being so covered if the tar, oil or other similar substance is first applied to not more than one half of the traveled width of the way, and such portion becomes safe for travel before the remaining part of the way is similarly treated, or if there is a reasonably safe and convenient alternate route or detour which has not been so treated, or if so treated has been rendered safe for travel as herein provided. Violation of any provision of this section shall be punished by a fine of not less than ten nor more than one hundred dollars.

M.G.L. c. 84, § 7 Duties of surveyors of highways and road commissioners

c. 84, § 7. Duties of surveyors of highways and road commissioners Section 7. Surveyors of highways and road commissioners shall remove whatever obstructs the public ways within their respective towns or districts, or endangers, hinders or incommodes persons traveling thereon; and shall forthwith cause snow to be removed or trodden down so as to make such ways reasonably safe and convenient. If a town neglects to vote a sufficient amount for the proper repair of ways therein, or does not otherwise effectually provide therefor, each surveyor, in his district, or the road commissioners, may employ persons to make such repairs, who shall be paid by the town; and towns may authorize their surveyors or road commissioners or any other person to enter into contracts for making or repairing the ways therein.

M.G.L. c. 84, § 7A Notice of repair, construction or reconstruction of road or highway

c. 84, § 7A. Notice of repair, construction or reconstruction of road or highway Section 7A. Surveyors of highways, road commissioners, or any other person, agency, or authority responsible for road or highway repairs shall notify the Massachusetts Bay Transportation Authority not later than forty-eight hours prior to the repair, construction or reconstruction of any road or highway used by said Authority in the operation of regular route service if such repairs, construction or reconstruction shall prohibit the operation of regular route service by the Authority over such road or highway.

M.G.L. c. 84, § 8 Fences, gates or bars to prevent spread of disease; removal

c. 84, § 8. Fences, gates or bars to prevent spread of disease; removal Section 8. No surveyor, road commissioner or other person shall, without an order from the board of health, remove or take down fences, gates or bars which have been placed on a way for the purpose of preventing the spread of a disease dangerous to the public health.

M.G.L. c. 84, § 9 Ditches by side of ways

c. 84, § 9. Ditches by side of ways Section 9. A surveyor or road commissioner may cause a watercourse occasioned by the wash of a way to be conveyed by the side of the way; but the aldermen or selectmen, upon complaint of a person whose building has been incommoded or whose business has been obstructed thereby, may, after a view, order the surveyor or road commissioner to make alterations in such work.

M.G.L. c. 84, § 10 Entry upon land to secure and protect public way; damages

c. 84, § 10. Entry upon land to secure and protect public way; damages Section 10. The selectmen or road commissioners may enter upon, use or survey or take by eminent domain under chapter seventy-nine any land they may deem necessary for the purpose of securing or protecting a public way; and any person thereby injured in his property and any owner of land adjoining a way who has sustained damage in his property by an act done for the purpose of repairing the way may recover such damages under chapter seventy-nine.

M.G.L. c. 84, § 11 State aid for keeping highway open in winter

c. 84, § 11. State aid for keeping highway open in winter Section 11. The department of highways may co-operate with the proper officers of cities, towns and counties in keeping open and reasonably passable for vehicles during the winter months such highways as may be selected by said department, having regard to the importance thereof for commercial uses and the co-operation and aid to be rendered by cities, towns and counties and persons in carrying on this work, and for this purpose may expend such sums as may be annually appropriated therefor and may accept financial or other assistance from any city, town, county or person; provided, however, that the work carried on under this section shall be supplemental to work undertaken and performed by cities and towns under other provisions of law, and that nothing in this section shall render the commonwealth liable for damages for which it is not liable under other provisions of law or relieve cities or towns from keeping their highways clear from ice and snow as required by other provisions of law.

M.G.L. c. 84, § 11A Maintenance of highways constructed or improved in whole or in part by county

c. 84, § 11A. Maintenance of highways constructed or improved in whole or in part by county Section 11A. When a public way other than a state highway has been constructed or improved in whole or in part by aid of money contributed by a county, the said way shall be kept and maintained in good repair and condition by the town in which the same lies, but the county may aid in such maintenance, and for such purpose the county commissioners may grant sums of money from the county treasury to be paid to the town to aid in such repairs as the commissioners may order. Such money may be paid to the town from time to time as the work progresses to the extent that the commissioners are satisfied that the same is being done in accordance with their directions. Such grants or contributions shall not render a county liable for defects in any way or for damages to persons traveling thereon, and when the work of repair or maintenance for which such grants or contributions are made is completed there shall be no further obligation on the part of the county as to the repair or maintenance thereof until a further grant or order is made by the county commissioners for such purposes.

M.G.L. c. 84, § 12 Meeting of proprietors and occupants of private way or bridge; warrant; clerk and surveyor

c. 84, § 12. Meeting of proprietors and occupants of private way or bridge; warrant; clerk and surveyor Section 12. If four or more persons are the proprietors and rightful occupants of a private way or bridge, and three of them make application in writing to a clerk of the district court of the district or the clerk of the city or town wherein the private way or bridge is located or to a justice of the peace to call a proprietors' meeting, the clerk or justice may issue his warrant therefor, stating the time, place and purpose of the meeting. The warrant shall be posted in a public place of the town in which such way or bridge is situated, seven days at least before the time appointed for the meeting. The proprietors and occupants so assembled shall choose a clerk and surveyor, who shall be sworn. They may determine the manner of calling future meetings, what repairs of the way or bridge are necessary and the proportion of money and of labor and materials to be furnished by each proprietor and occupant for such repairs. The surveyor shall have the same powers with respect to such way or bridge as are exercised by surveyors of highways.

M.G.L. c. 84, § 13 Refusal or neglect of proprietor or occupant to comply with vote

c. 84, § 13. Refusal or neglect of proprietor or occupant to comply with vote Section 13. A proprietor or occupant who refuses or neglects to comply with such vote, when required by the surveyor, shall be liable to him in contract for the amount of his proportion, with ten per cent interest thereon. If a person chosen clerk or surveyor under the preceding section refuses or neglects to accept that trust and take the oath, he shall forfeit five dollars. Damages and forfeitures recovered under this section shall be applied to the use of the proprietors for repairing said way or bridge.

M.G.L. c. 84, § 14 Financing repairs

c. 84, § 14. Financing repairs Section 14. The proprietors and occupants may, at a meeting for that purpose, authorize any person to contract for making and keeping in repair such private way or bridge, may vote to raise such amount as they consider necessary for carrying such contracts into effect; and may choose assessors, who shall assess each proprietor and occupant for his proportion of such amount according to his interest in such way or bridge, and shall deliver the lists of such assessments to the surveyor, with proper warrants of distress, in substance as is prescribed by law for collection of town taxes, and the surveyor may levy and collect such taxes in the same manner as collectors of taxes are empowered to collect taxes. If a surveyor neglects or refuses to pay over according to the direction of his warrant the moneys so collected, he shall be liable to such proprietors or occupants in contract for the amount collected, together with twenty per cent interest in addition thereto.

M.G.L. c. 84, § 15 Personal injuries or property damage from defective ways

c. 84, § 15. Personal injuries or property damage from defective ways Section 15. If a person sustains bodily injury or damage in his property by reason of a defect or a want of repair or a want of a sufficient railing in or upon a way, and such injury or damage might have been prevented, or such defect or want of repair or want of railing might have been remedied by reasonable care and diligence on the part of the county, city, town or person by law obliged to repair the same, he may, if such county, city, town or person had or, by the exercise of proper care and diligence, might have had reasonable notice of the defect or want of repair or want of a sufficient railing, recover damages therefor from such county, city, town or person; but he shall not recover from a county, city, town or local water and sewer commission more than one fifth of one per cent of its state valuation last preceding the commencement of the action nor more than five thousand dollars; nor shall a county, city or town be liable for an injury or damage sustained upon a way laid out and established in the manner prescribed by statute until after an entry has been made for the purpose of constructing the way, or during the construction and repairing thereof, provided that the way shall have been closed, or other sufficient means taken to caution the public against entering thereon. No action shall be maintained under this section by a person the combined weight of whose carriage or vehicle and load exceeds six tons.

M.G.L. c. 84, § 16 Damage caused by excessive load

c. 84, § 16. Damage caused by excessive load Section 16. If a person, without the consent of the county, city, town or person required by law to keep a bridge in repair or his or its agent, permits more than twenty neat cattle or horses to be upon a bridge which is more than fifty feet from one abutment, pier or trestle part to another, or drives or transports over such bridge a vehicle with a load exceeding forty-five hundred pounds in weight exclusive of the team and vehicle, and thereby breaks or injures the bridge, such county, city, town or person shall not be liable for any damage caused thereby.

M.G.L. c. 84, § 17 Injury or damage caused by snow or ice

c. 84, § 17. Injury or damage caused by snow or ice Section 17. A county, city or town shall not be liable for an injury or damage sustained upon a public way by reason of snow or ice thereon, if the place at which the injury or damage was sustained was at the time of the accident otherwise reasonably safe and convenient for travelers.

M.G.L. c. 84, § 18 Notice of injury; contents; limitation of action

c. 84, § 18. Notice of injury; contents; limitation of action Section 18. A person so injured shall, within thirty days thereafter, give to the county, city, town or person by law obliged to keep said way in repair, notice of the name and place of residence of the person injured, and the time, place and cause of said injury or damage; and if the said county, city, town or person does not pay the amount thereof, he may recover the same in an action of tort if brought within three years after the date of such injury or damage. Such notice shall not be invalid or insufficient solely by reason of any inaccuracy in stating the name or place of residence of the person injured, or the time, place or cause of the injury, if it is shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby. The words ''place of residence of the person injured'', as used in this and the two following sections, shall include the street and number, if any, of his residence as well as the name of the city or town thereof. Failure to give such notice for such injury or damage sustained by reason of snow or ice shall not be a defense under this section unless the defendant proves that he was prejudiced thereby.

M.G.L. c. 84, § 19 Service of notice

c. 84, § 19. Service of notice Section 19. Such notice shall be in writing, signed by the person injured or by some one in his behalf, and may be given, in the case of a county, to one of the county commissioners or the county treasurer; in the case of a city, to the mayor, the city clerk or treasurer; in the case of a town, to one of the selectmen or to the town clerk or treasurer. If the person injured dies within the time required for giving the notice, his executor or administrator may give such notice within thirty days after his appointment. If by reason of physical or mental incapacity it is impossible for the person injured to give the notice within the time required, he may give it within thirty days after such incapacity has been removed, and if he dies within said thirty days his executor or administrator may give the notice within thirty days after his appointment. Any form of written communication signed by the person so injured, or by some person in his behalf, or by his executor or administrator, or by some person in behalf of such executor or administrator, which contains the information that the person was so injured, giving the name and place of residence of the person injured and the time, place and cause of the injury or damage, shall be considered a sufficient notice.

M.G.L. c. 84, § 20 Omissions in notice; notice of insufficiency

c. 84, § 20. Omissions in notice; notice of insufficiency Section 20. A defendant shall not avail himself in defence of any omission to state in such notice the name or place of residence of the person injured, or the time, place or cause of the injury or damage, unless, within five days after receipt of a notice, given within the time required by law and by an authorized person referring to the injuries sustained and claiming damages therefor, the person receiving such notice, or some person in his behalf, notifies in writing the person injured, his executor or administrator, or the person giving or serving such notice in his behalf, that his notice is insufficient because it fails to state the name or place of residence of the person injured, or the time, place or cause of the injury or damage, as the case may be, and requests forthwith a written notice in compliance with law; provided, that if the notice does not contain either the place of residence of the person injured or the place of residence or business address of the person giving or serving the notice on behalf of the person so injured, such notice of insufficiency shall not be required, and the defendant may avail himself in defence of any omission or defect in the notice. If the person authorized to give such notice, within five days after the receipt of such request, gives a written notice complying with the law as to the name and place of residence of the person injured, and the time, place and cause of the injury or damage, such notice shall have the effect of the original notice, and shall be considered a part thereof.

M.G.L. c. 84, § 21 Notice to owner of private property

c. 84, § 21. Notice to owner of private property Section 21. Sections eighteen, nineteen and twenty shall apply to actions against persons founded upon the defective condition of their premises, or of adjoining ways, when caused by or consisting in part of snow or ice resulting from rain or snow and weather conditions; provided, that any such notice may be given by posting it in a conspicuous place on said premises and by leaving it with any person occupying the whole or any part of said premises, if there be such a person, and no such notice shall be invalid by reason of any inaccuracy or misstatement in respect to the owner's name if it appears that such error was made in good faith and did not prevent or unreasonably delay the owner from receiving actual notice of the injury and of the contention that it occurred from the defective condition of his premises or of a way adjoining the same. Failure to give such notice shall not be a defense under this section unless the defendant proves that he was prejudiced thereby.

M.G.L. c. 84, § 22 Neglect to repair way; penalty

c. 84, § 22. Neglect to repair way; penalty Section 22. If a town neglects to repair any way which it is obliged to keep in repair, or neglects to make the same reasonably safe and convenient when encumbered with snow, it shall pay such fine as the court may impose.

M.G.L. c. 84, § 23 Dedicated ways

c. 84, § 23. Dedicated ways 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.

M.G.L. c. 84, § 24 Damage from defects in dedicated ways

c. 84, § 24. Damage from defects in dedicated ways Section 24. The board or officer having authority over public ways in a town shall, if the public safety so requires, cause such ways to be closed where they enter upon and unite with an existing public way or may by other sufficient means caution the public against entering thereon; otherwise the town shall be liable for damages arising from defects therein as in the case of ways duly laid out and established.

M.G.L. c. 84, § 25 Repairs made on way within six years of injury

c. 84, § 25. Repairs made on way within six years of injury Section 25. If, upon the trial of an indictment or action brought to recover damages for an injury received by reason of a defect or want of repair or want of sufficient railing in any way, it appears that the defendant has, within six years before such injury, made repairs on such way, it or he shall not deny the location thereof.

M.G.L. c. 84, § 26 Liability of abutting lot owner

c. 84, § 26. Liability of abutting lot owner Section 26. If the owner of a lot abutting upon a public way in a city dedicates to the public or permits it to use a portion of his land lying between said way and a building fronting on the same, he shall keep such portion in such condition as, in the opinion of the aldermen, the safety and convenience of the public requires; and if he, after reasonable notice given by the aldermen or the mayor, neglects or refuses to make the specific repairs or improvements so required, or to close the same to public use by a substantial railing or guard, the aldermen may put said land into such condition and assess the expense thereof upon the owner; and assessments so made may be collected in the same manner as betterment assessments.

M.G.L. c. 84, § 27 Excavations abutting public way; liability of owners

c. 84, § 27. Excavations abutting public way; liability of owners Section 27. If, on premises abutting on a public way, an excavation is a hazard to travelers upon such way who are in the exercise of due care, the person in control of such premises shall be liable in tort to any such traveler who, by reason of a want of a sufficient railing or barrier in or upon such excavation or between such excavation and such way, sustains bodily injury or property damage.

M.G.L. c. 84, § 27A Erection of barriers at excavations abutting public ways; duty of owner; penalty

c. 84, § 27A. Erection of barriers at excavations abutting public ways; duty of owner; penalty Section 27A. The owner of any land which abuts a public way and on which an excavation has been made within fifty feet of said way shall cause a fence or other barrier not less than five feet in height to be erected at the street line of such way. Such fence or barrier shall not be removed until the area abutting such way has been made level with the same for a distance of fifty feet from said street line. Whoever violates any provision of this section shall be punished by a fine of not less than two hundred nor more than five hundred dollars.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84Fetched: 10/20/2026