Crazy Mountain Montana Trespassing Case

[Ghost]

Havent seen this on here, Im sure some of you are familiar with it. Long story short, centuries old trail closed off in the Crazy Mountains by land owner, hunter hikes up trail and is cited by the sheriff.

Ive donated to his legal fund, if you got it, please help out.

Rob Gregoire's Crazy Mountain Access Defense Fund

 

[airlocksniffer]

Donated last week. Rob is definitely taking one for the team and needs help fighting this crap.

 

[dvm_hunter]

Probably some asshole from California or big money person wanting to shut off public access so they can reap the benefits/profits from it.

 

[flyinsquirel]

Hey, come on now, we don't have exclusive rights to A-holes. They could very well be Montana born and raised.

I'll donate.

 

[Schaaf]

Rob is one hell of an advocate for hunters and public land users in Montana. Even $5 helps out and could show the County Attorney he's poking a bear by prosecuting if there are 500 people that donated $5

 

[Desk Jockey]

Pardon the bit of bro-lawyering here but could a case be made for adverse possession / squatting / eminent domain? In some areas where private land is used by others or used by the public for a period of time without objection the landowner can lose title. It would take a crafty lawyer to get in there and sort it out.

From my own experience, my aunt inherited her mother in laws house on Long Island and a school had been using a few acres in the back as a nature trail for years. They sued, blocked the sale and ended up getting half the property. In PA my father in law is fighting with a neighbor that mows a portion of land next to his house. Pa law says if you take care of it for 5 years you can claim title.

Not sure how it might exactly apply but it seems like there is more than enough history here. Even if you could just tie up the owner in a suit you might be able to settle for a permanent easement or access right.

 

[JWP58]

So is it a legal easement or not?

 

[tipsntails7]

Probably some asshole from California or big money person wanting to shut off public access so they can reap the benefits/profits from it.

Nope... the guys grandfather homesteaded the land and he has owned it for 45 years.

Way to be a complete dick without taking 5 seconds to google the situation.

I feel terrible for the guy, but if there is not an easement built into the property title the FS is to blame, not the rancher or the hiker.


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[5MilesBack]

So is it a legal easement or not?

That seems to be the question. The defendant thinks so, whereas the property owner and Sheriff think not.

 

[Trial153]

Donation sent .

 

[Johnson27]

Pardon the bit of bro-lawyering here but could a case be made for adverse possession / squatting / eminent domain? In some areas where private land is used by others or used by the public for a period of time without objection the landowner can lose title. It would take a crafty lawyer to get in there and sort it out.

From my own experience, my aunt inherited her mother in laws house on Long Island and a school had been using a few acres in the back as a nature trail for years. They sued, blocked the sale and ended up getting half the property. In PA my father in law is fighting with a neighbor that mows a portion of land next to his house. Pa law says if you take care of it for 5 years you can claim title.

Not sure how it might exactly apply but it seems like there is more than enough history here. Even if you could just tie up the owner in a suit you might be able to settle for a permanent easement or access right.

It could be a "prescriptive easement".

 

[Scoot]

It could be a "prescriptive easement".

What does that mean? Please enlighten us...

 

[tipsntails7]

It could be a "prescriptive easement".

I think that's what the FS will argue, although the continued use part will be difficult to argue.


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[TJ]

Donation sent.

 

[orionsbrother]

What does that mean? Please enlighten us...

Adverse possession, you get to take control of the land and retitle it with a legal description after going to court. You then own it going forward and can deny the previous owner access, as well as everybody else. You legally steal someone's property by using it, planting it, mowing it, improving it for a certain period of time.

Prescriptive easement, you get to keep crossing the property on the trail or road that has existed historically even as the exact path may shift with erosion etc. It's open to travel, but the surrounding property owner hasn't lost title.

At least that's as I understand it... as a non lawyer. If I've muddled anything with my non-legalese, one of the sharks can straighten me out.

 

[Jon Boy]

The Hailstone has been in the family for years. I'm surprised that the FS hasn't made a statement yet considering the District ranger made a trip on that trail last summer and tore down all of the no trespassing signs...

 

[elkduds]

Greg is putting his camo a$$ on the line to open access for us all, and not just on this one trail. Donation sent, along w best wishes for success.

 

[Bonedalien]

Adverse possession, you get to take control of the land and retitle it with a legal description after going to court. You then own it going forward and can deny the previous owner access, as well as everybody else. You legally steal someone's property by using it, planting it, mowing it, improving it for a certain period of time.

Prescriptive easement, you get to keep crossing the property on the trail or road that has existed historically even as the exact path may shift with erosion etc. It's open to travel, but the surrounding property owner hasn't lost title.

At least that's as I understand it... as a non lawyer. If I've muddled anything with my non-legalese, one of the sharks can straighten me out.

Your definitions are totally in the ballpark. I'm not a lawyer,but a land surveyor who deals a lot with these things FOR lawyers

 

[Don K]

This case could open access backup for a whole lot of people. Could set precedence for other same like trails.

Hats off to Rob for sticking his neckout

 

[Johnson27]

prescriptive easement

n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion.

As a land surveyor, I have to be aware of this depending on the type of survey I'm performing. But this scenario, IMHO, is a classic example of a prescriptive easement.