|Doug and other lawyers... A question.||Brooks|
Aug 21, 2003 8:11 AM
|(somewhat cycling related). A road that has been used by cyclists, roller skiers, and other non-autos for several years (6?) since it was built now has "No Trespassing" and "Private Drive" signs. Don't know if any enforcement is taking place as I haven't seen any. My question is this: Since no signs or enforcement has taken place for a number of years, could a user claim a prescriptive right to use the road as they have for several years if the landowner starts to take further action (rent-a-cops kicking you out)?|
Aug 22, 2003 5:45 AM
|If you continuously used a path for the required number of years, which varies widely by state from around 4-20, you might have acquired the right to continue. However, you'd have to go to court to establish the easement. Usually, this is only done by adjacent land owners who need the path. You might also argue the use amounted to a public dedication, but again, do you want to spend $50,000 in attorney fees to gamble you are right?
Check with the local city attorney or county attorneys' office. They might know something. I'd let it go.
|Thanks. Since the land owner is mostly trying to stop||Brooks|
Aug 22, 2003 6:40 AM
|cars from driving up the road (my guess) I'm not too worried about losing non-motorized access. No enforcement, just a bunch of ugly signs. And no, I don't want to hire an attorney for a court battle that would have little hope of success.|| |