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Article #1693Re: Trail closure (right-of-way question)
From: Robert Grumbine
Date: Fri, 12 May 2000 00:00
Date: Fri, 12 May 2000 00:00
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In article <8fh5nv$r1v$1@coranto.ucs.mun.ca>, Robert M. Lewis <lewis@morgan.ucs.mun.ca> wrote: > >I called the park office and was told that the land which part of the >trail ran across had been exchanged with the neigbouring farmer for some >other land ... >From what I know of the farmer he is a reasonable person. ... >I want to keep using the trail. While I guess I'll just go over the >fence for the time being but I'd like to know exactly what my rights >are. Should I inform the farmer of the existance of what I perceive as a >right of way or just use it? Am I correct in assuming that a public >right-of-way exists? If you really want to know the legalities, talk to a lawyer who practices there (Memorial University of Newfoundland, Canada?). Given what you said, my feeling as a non-lawyer is that the land swap has taken the land out of public use. On the other hand, as the farmer is reputed to be reasonable, just ask him if he'd mind you crossing the stretch in question. About the worst thing to do, imho, is to be jumping that fence, get caught, and discover that you don't have the right and that the farmer is seriously peeved. -- Robert Grumbine http://www.radix.net/~bobg/ Science faqs and amateur activities notes and links. Sagredo (Galileo Galilei) "You present these recondite matters with too much evidence and ease; this great facility makes them less appreciated than they would be had they been presented in a more abstruse manner." Two New Sciences
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 10521e,e1a57c12701586b8 X-Google-Attributes: gid10521e,public X-Google-Thread: fb1ea,e1a57c12701586b8 X-Google-Attributes: gidfb1ea,public X-Google-Thread: 110c99,e1a57c12701586b8 X-Google-Attributes: gid110c99,public From: bobg@Radix.Net (Robert Grumbine) Subject: Re: Trail closure (right-of-way question) Date: 2000/05/12 Message-ID: <8fh71f$cpg$1@saltmine.radix.net> X-Deja-AN: 622584415 References: <8fh5nv$r1v$1@coranto.ucs.mun.ca> Organization: RadixNet Newsgroups: rec.running,can.legal,alt.rec.hiking