Prescriptive easement

[Praxeus]

Last year we started a thread dealing with trespassing through our land to gain access beyond to public land. We articulated our problem with this as it made less secure our plans to construct a cabin on the property. There were a few that commented that we hadn't done a survey and didn't know where our borders were, etc. etc. and basically made us suspect as wrongfully wanting to expel trespassers from our property. I was actually surprised by some of the comments.

Several weeks ago, I received from an attorney a court determination in summary judgment against the argument of 'prescriptive easement.' This is important as it nullifies the notion that you can use a trail (regardless of how long) that is in the woods and not "open and notorious". Additionally, the court ruled that a prescriptive easement could not be established solely for hunting.

Perhaps there is someone out there that needed this news like I did.

 

[Rodéo]

Which state was this ruling in? I'd be interested in reading the Judge's ruling on summary judgment if you have a link to the public record or if you could post it. Thanks

 

[Bighorner]

I would like to read it as well. Did you end up having a survey done? Thanks for the update.

 

[Rich M]

Great news!

Sorry you let the guys get to you. They want the privileges of owning land without the cost. If we ever lose landowner rights, we'll be just another one of those socialist countries.

Put a nice sign of warning up. "trespassers will be prosecuted" and then get to it.

 

[Capra]

Glad you were able to get it in writing and preserve your rights.

Prescriptive easements are odd, Here in California I feel like it all comes down to the Judge you get.

 

[MattB]

Good to hear, and thanks for following up.

 

[Deere83]

I’ve been in a few interesting situations with forest service range cons and managers here in Colorado that lead me to believe that if a trail passes thru property prior to it being private property, the landowners need to put a gate and signage notifying to remain on trail but not restricting access

 

[rob86jeep]

I remember those posts. Do you have any update on the trespassing issues? Were you ever able to get any of them prosecuted or find a way to prevent them from continuing to trespass?

 

[idahohikker]

Major props that you analyzed and took the issue seriously. Many landowners think they own whatever is in their rough boundaries and don’t even know the legal standing of items like easements.

 

[Trevor73402]

I don't know this whole story, but your "private" land is preventing the public from gaining access to public land? And you don't want to allow anyone to come across your property to get to the public land? Are you using or benefiting in ANY way from this public ground that you aren't allowing others to gain entrance to?

 

[Praxeus]

Gentlemen....I can already tell that this subject is too touchy for some. So I will move on. If you want further information, you may PM me. I'd be happy to assist you

 

[MtGomer]

If you spent money on an attorney, I sure hope you had your property surveyed... If this is in regards to the below thread, that was one of the main issues by the way it sounded. Ingress and egress was occurring very near your perceived prop line, but you weren’t sure exactly where the prop line was.

Have you had your property surveyed?
If you haven’t, you still don’t know if you even have trespassers, you just know that if you did, they are trespassers and not people using a legal trail.

onX hunt inaccurate property lines

This looks like a bad spatial reference conversion. Probably one set of data with one datum and the other with a different data or using US survey feet vs feet or using data built with one coordinate system and displayed with data projected on a different coordinate system. I work on daily...

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