It may be located on private property, but local residents are arguing that they have always used the pathway at the end of Beach Street to reach Silvershell Beach in Marion.

Now, new owner Shay Assad has closed off the route citing safety concerns.

As a compromise, Assad has suggested relocating the pathway on his property, said his attorney, Jeff Angley of the Boston-based law firm Phillips and Angley.

The ongoing dispute has ignited a legal battle in the Land Court with 35 plaintiffs requesting that Assad re-open the pathway.

Blocking the access has sparked outrage among neighbors on Beach Street and Converse Road.

The path that connects Assad’s house to the beach was blocked with a chain and no trespassing signs.

“It affects everybody who uses that access to walk down to the beach,” said Brad Enegren of Beach Street.

Jeanette Turnbull of Converse Road agreed.

A self-described “old time townie,” Turnbull has lived in Marion since 1920 and said the pathway has been a convenient access road for beach-goers for many years.

“Back in the day when people would go scalloping and quahoging, they would go down that path and nobody objected to it,” Turnbull said. “No one else has ever blocked the access. I used it as a kid, we all did.”

Ned Flynn of Beach Street thinks the blocked path is a safety issue.

“It’s much more convenient to walk down our street to go to the beach because it’s a dead end. There’s no traffic so you don’t have to worry about safety. Now people have to go up Converse Road, which is very busy,” Flynn said.

Since his parents built the home in 1971, Flynn said he has seen several owners of that property come and go, but no one ever prohibited use of the accessway.

Neighbors are upset that Assad, who purchased the home in April and works for the Department of Defense in Washington, DC, has not given a “valid” reason for blocking the path, Flynn said.

“The neighbors were absolutely shocked because he seemed to be interested in the neighborhood,” Flynn said.

Assad’s reason for blocking the access echoed the concerns of Flynn- — safety.

“Mr. Assad had real concerns about what was happening on his property. The path opens right behind his garage. It’s pretty much impossible for him to back out of his garage and not hit somebody trying to use that path,” Angley said.

Turnbull disagreed.

“I think Assad was just trying to intimidate the people. He must think we’re country bumpkins. It’s just amazing that anyone would do that,” Turnbull said.

To gather more support, Flynn created a sign that reads, “Help save our beach path. Take down the wall.”

Over the last few weeks, dozens of those signs have been popping up on front lawns along Beach Street and adjacent roads.

“It’s an awareness thing to do. It lets folks know what’s going on, and it’s brought up a lot of questions,” Flynn said.

The abutters are arguing for the prescriptive easement statute under Massachusetts General Laws.

The law states that if a piece of land is used by people other than the property owners for over 20 years without opposition from the owner, then people have a right to continue to use that land.

The first court date was on Tuesday, June 26.

Assad’s suggestion to relocate the easement to a safer location on his property has been taken under advisement, Angley said.

Dan Perry, of the New Bedford law firm, Perry, Hicks and Deschaies, LLP, is representing the 35 plaintiffs.

Both Perry and Angley said they were confident the matter could be resolved.

“We are really trying to avoid litigation and reach an agreement. It’s really a friendly community,” Angley said.