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Article #1693

Re: Trail closure (right-of-way question)

#1693
From: Robert Grumbine
Date: Fri, 12 May 2000 00:00
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In article <8fh5nv$r1v$1@coranto.ucs.mun.ca>,
Robert M. Lewis <lewis@morgan.ucs.mun.ca> wrote:
>
>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 
...

>From what I know of the farmer he is a reasonable person.  

...

>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?

  If you really want to know the legalities, talk to a lawyer who
practices there (Memorial University of Newfoundland, Canada?).

  Given what you said, my feeling as a non-lawyer is that the land
swap has taken the land out of public use.  On the other hand, as the
farmer is reputed to be reasonable, just ask him if he'd mind you
crossing the stretch in question.

  About the worst thing to do, imho, is to be jumping that fence,
get caught, and discover that you don't have the right and that
the farmer is seriously peeved.

-- 
Robert Grumbine http://www.radix.net/~bobg/ Science faqs and amateur activities notes and links.
Sagredo (Galileo Galilei) "You present these recondite matters with too much 
evidence and ease; this great facility makes them less appreciated than they 
would be had they been presented in a more abstruse manner." Two New Sciences 
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From: bobg@Radix.Net (Robert Grumbine)
Subject: Re: Trail closure (right-of-way question)
Date: 2000/05/12
Message-ID: <8fh71f$cpg$1@saltmine.radix.net>
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References: <8fh5nv$r1v$1@coranto.ucs.mun.ca>
Organization: RadixNet
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