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View Diary: Public Access to Public Lands (30 comments)

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  •  in some cases it may; example here was a (3+ / 0-)
    Recommended by:
    ban nock, Nailbanger, Kevskos

    boat ramp which had been used by public for 50 years when the property sold.  New owner blocked road but judge ruled that a de facto easement had been created by the years of open, and flagrant use of the area as a landing.

    In other cases, there are easements which may not make it from deed to deed. It would be worthwhile to examine all the land deeds to see if there ever were an easement or see if anyone could establish he had established an easement by customary use.  Guy here blocked the fencing of a vacant lot by proving he had always used a shortcut across the property and has established and maintained a footpath there.

    Adverse possession in terms of easements is tricky.  That is one reason I destroy all the roads on the farm each year and move them to make sure no one is trying to establish a public right to cross my property (there is a cemetery on the property)  

    •  One easement mostly wasn't surrendered... (2+ / 0-)
      Recommended by:
      ban nock, entlord

      ...in our history, the easement of massive amounts of public land gained by the railroad companies.

      In some cases, there was a requirement that the easement was only available as long as the railroad provided passenger service, but that was given up long ago. What's been most infuriating has been when easements that were freely given by the federal or state government must be bought years later by municipalities for light-rail or other transit uses. This happened a lot in Los Angeles, a prime example being the Alameda Corridor.  

      Don't tell me what you believe, show me what you do and I will tell you what you believe.

      by Meteor Blades on Fri Apr 05, 2013 at 04:21:04 PM PDT

      [ Parent ]

      •  yep, thanks, I forgot about those (0+ / 0-)

        I remember years ago, plans to use those right of ways for bike paths or somesuch public use in some Midwestern states only to have railroads or their successors  assert their rights and demand payment for any usage of such property.  It seems those easements are immune to adverse possession  

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