FARMINGTON — An access lane long used by the public as a shortcut between Perham Street and the W. G. Mallett School on Middle Street is legal and Mt. Blue Regional School District has the right to continue using it, according to an attorney.

The access was challenged last month by three abutters on the lane who questioned the validity of the old real estate documents that originally established the rights of way across the properties.

Jeffrey Thompson and his wife, Jennifer Erickson, who live at 109 Perham St., Eloise Wallace at 111 Perham St. and Brian and Carol Taylor at 113 Perham St. had asked the district to strike the rights of way from their deeds.

The district sought a legal opinion from Wilton attorney Margot Joly. Her written response is not being released to the public and the board’s discussion with her Tuesday night was held behind closed doors because the issue involved the district’s legal rights.

When directors came out of the executive session, they voted unanimously on a motion by Director Claire Andrews of Farmington, recognizing the district had a right of way from Mallett School to Perham Street.

In a letter the abutters sent to the board last month, they spoke about their concerns over student safety, the long-term value of their properties, and liability in the event a student was injured by a vehicle.

At Tuesday’s meeting, Thompson told directors they should not only consider the legal aspect.

“I appreciate that you got a legal opinion.  . . . But we still request you relinquish your right of way to have a good relationship with your neighbors and provide safe access to our homes and for students,” he said.

“The legality is not the deciding issue,” he said.

Thompson said he had also spoken to an attorney. He could not be reached on Wednesday to comment on whether he would be taking any legal action.

Director Robert Flick of Farmington told the abutters the district wanted to keep them as good neighbors.

“But we would like you to let us use (the land),” he said.

At one time, the 15-foot wide strip of land was commonly used by pedestrians and even vehicles taking a shortcut to Middle Street.

After concrete barriers were put up years ago, it was only used by walkers. Now, a new chain-link fence with a narrow opening has been erected on the border with the Regional School Unit 9 property.

Only a handful of elementary school students, often walking with a parent or caregiver, use the path each day to get to the new elementary school, Mallett Principal Tracy Williams said.

At the start of school, as construction continued at Mallett on the Quebec Street entrance to the school property, the town painted a new crosswalk across Perham Street that led directly to the right of way. Abutters said they had not been informed ahead of time about plans to direct students to use the path, which goes right past their front doors.

Students and parents walking through the lane encountered the abutters’ parked vehicles blocking the way and a sign that read, “private drive.”