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Article #1690Re: Trail closure (right-of-way question)
From: JKI
Date: Sat, 13 May 2000 00:00
Date: Sat, 13 May 2000 00:00
32 lines
2534 bytes
2534 bytes
Stay off his land. You are trespassing. lewis@morgan.ucs.mun.ca (Robert M. Lewis) hypothesizes: >> A trail which I use ocassionally (a dozen times a year maybe) one day >> last week had a fence across it. The trail (now less used than it once >> was) was on public park land. >> >> I called the park office and was told that the land which part of the >> trail ran across had been exchanged with the neigbouring farmer for some >> other land (actually to build a highway right through the park but that >> is another crime story). I argued that the trail constituted >> a public right-of-way. Their opinion was that as the land was now >> private and, combined with the fact that they had not been maintaining >> the trail, there was no public right-of-way. >> >> From what I know of the farmer he is a reasonable person. The nature of >> the trail means that there would be no motorized of even bicycle use of >> it. He has done nothing with the land yet (except fence it) but I >> imagine he will start to put crops in it at some point. While one could >> skirt any area cultivation to get to the rest of the trail (still on >> public land) one does need to go on his land to get to the rest of the >> trail. >> >> I want to keep using the trail. While I guess I'll just go over the >> fence for the time being but I'd like to know exactly what my rights >> are. Should I inform the farmer of the existance of what I perceive as a >> right of way or just use it? Am I correct in assuming that a public >> right-of-way exists? >> >> Robert M. Lewis >> Curiouser and curiouser!
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 110c99,e1a57c12701586b8 X-Google-Attributes: gid110c99,public X-Google-Thread: fb1ea,e1a57c12701586b8 X-Google-Attributes: gidfb1ea,public X-Google-Thread: 10521e,e1a57c12701586b8 X-Google-Attributes: gid10521e,public From: JKI <jki@kirbyinwood.com> Subject: Re: Trail closure (right-of-way question) Date: 2000/05/13 Message-ID: <ubuqhsgj5tv37dith54rinpvmuemhc62iq@4ax.com> X-Deja-AN: 622961943 Content-Transfer-Encoding: 7bit References: <8fh5nv$r1v$1@coranto.ucs.mun.ca> Content-Type: text/plain; charset=us-ascii X-Complaints-To: abuse@home.net X-Trace: news2.rdc1.on.home.com 958233034 24.114.155.130 (Sat, 13 May 2000 08:50:34 PDT) Organization: @Home Network Canada MIME-Version: 1.0 Reply-To: kirby@kirbyinwood.com NNTP-Posting-Date: Sat, 13 May 2000 08:50:34 PDT Newsgroups: rec.running,can.legal,alt.rec.hiking