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Article #1691Trail closure (right-of-way question)
From: Robert M. Lewis
Date: Fri, 12 May 2000 00:00
Date: Fri, 12 May 2000 00:00
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2194 bytes
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: 10521e,e1a57c12701586b8,start X-Google-Attributes: gid10521e,public X-Google-Thread: fb1ea,e1a57c12701586b8,start X-Google-Attributes: gidfb1ea,public X-Google-Thread: 110c99,e1a57c12701586b8,start X-Google-Attributes: gid110c99,public From: lewis@morgan.ucs.mun.ca (Robert M. Lewis) Subject: Trail closure (right-of-way question) Date: 2000/05/12 Message-ID: <8fh5nv$r1v$1@coranto.ucs.mun.ca> X-Deja-AN: 622575972 X-Complaints-To: abuse@mun.ca X-Trace: coranto.ucs.mun.ca 958143039 27711 134.153.2.151 (12 May 2000 14:50:39 GMT) Organization: Memorial University of Newfoundland NNTP-Posting-Date: 12 May 2000 14:50:39 GMT Newsgroups: rec.running,can.legal,alt.rec.hiking