🚀 go-pugleaf

I would imagine that each state has different laws regarding your question.
In Indiana the answer to your question is a resounding no.  No there is no
presumption of public right of way.  The land now belongs wholly to the
farmer and he has obviously (by virtue of the fence) decided not to allow
public access.  By crossing a clear boundry (ie the fence) and having
knowledge that the public park has sold the property, you are trespassing
and subject to arrest.  Although some states require verbal or posted
warnings...most only require that it be fairly clear that the property is
closed to public access.

I would strongly suggest you approach the farmer and explain that you would
never damage any crops or structure he erects and request permission to
cross his land.  You could also explain that you would not extend his
courtesy to you to anyone else.

Leo  (no, I'm not a lawyer....many years of law enforcement exp.)

"Robert M. Lewis" wrote:

> 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!