Nov. 6--NEWBURYPORT -- The man who city officials accuse of holding up a vital piece of a rail trail says he has tried to work out a deal, but city officials have been pressing him to sign a fraudulent deed in order to expedite the project.

City officials deny that. Now that the property is up for sale, the city says it is suing Norbert Carey of 29 High St. in order to make sure it gets its promised rail trail easement.

Carey said the holdup stems from National Grid not providing him with details of where buried electrical lines lie on his property. Shortly after he purchased the land from Guilford Transportation Industries Inc. in 2003, then Massachusetts Electric (now National Grid) laid major power lines under the old rail line as part of a plan to solve brown-outs that had been plaguing parts of the city.

The particular rail trail in question is not the nearly complete, paved trail that runs parallel to Route 1. It's the second stage of the city's rail trail plan, which follows a long-abandoned spur line that runs near the Newbury town line, through the city's South End, past Joppa Park and along the eastern end of the city's downtown waterfront.

Last month, the city filed a complaint in Superior Court against Carey alleging a breach of contract, fraud and money owed in back property taxes. The battle is over a small piece of abandoned railroad land next to Carey's home that he bought for $56,000. In 2003, Carey made a deal with the city to let the city build a rail trail over the land. However, he has yet to sign over the easement.

"I never said I would not give the easement to the city," Carey said. "I will not file the easement without the proper electrical easement in place, or it will be a fraudulent deed."

Carey said he's tried to get National Grid to file paperwork describing where the electrical easement is, but it hasn't. He also said city officials agreed this summer to help him get the electrical easement, but they have not helped.

City officials say they know about the electrical easement, but argue it was Carey's responsibility to remove an "indenture" on the land. The "indenture" -- a legal impediment that dates back 80 or so years -- allows utility companies the right to use old rail lines.

"Norbert bought the property without extinguishing the indenture, so he has a cloud on his title," said Geordie Vining, project manager for the city's planning office.