Public use of private land.

land butcher · Post by **land butcher** » Thu Oct 18, 2012 7:39 pm

http://www.latimes.com/news/local/la-me-hastain-trail-20121019,0,3131921.story?track=rss

shaunb · Post by **shaunb** » Fri Oct 19, 2012 8:12 am

its funny to hear an environmentalist claim 'but we've used it for years, so we should be continued to be allowed to' as a defense.

However, when we (4x4 enthusiasts) use that same argument about public roads or roads though public lands, they respond with 'it doesn't matter that you've used it before, we don't think you should use it anymore... but we can'.

However, to be on topic, is this an issue of a perceptive easement?

of so, I would assume that he would have had a survey done before he bought it. I would guess that it is a responsibility of the surveyor to note that use exists on the property.

bruce hall · Post by **bruce hall** » Fri Oct 19, 2012 8:14 am

a "change" in some law in 1972. I guess I should know what that change was?????? But I don't. I am okay with not knowing, I guess, but not really.

It's the not knowing that I don't know, that is the killer.

I would really like some feedback on this "change", if anyone knows.

land butcher · Post by **land butcher** » Fri Oct 19, 2012 11:29 am

shaunb wrote:its funny to hear an environmentalist claim 'but we've used it for years, so we should be continued to be allowed to' as a defense.

However, when we (4x4 enthusiasts) use that same argument about public roads or roads though public lands, they respond with 'it doesn't matter that you've used it before, we don't think you should use it anymore... but we can'.

However, to be on topic, is this an issue of a perceptive easement?

of so, I would assume that he would have had a survey done before he bought it. I would guess that it is a responsibility of the surveyor to note that use exists on the property.

LOL They killed the Barstow to Vegas run due to harm to the desert. Now that same land is being given to Solar and Wind farm companies that grade thousands of acres flat - guess that's acceptable harm.

I'm think that prescriptive rights applied prior to 1972 and don't now. Although there is a weird case in Chicago where a woman renting a room is now squatting and the owner can't get her out. The squatter is heavily involved in getting free or low income housing.

LS_8750 · Post by **LS_8750** » Fri Oct 19, 2012 1:07 pm

Was there an ALTA survey that showed the trail? I wonder.

land butcher · Post by **land butcher** » Sat Oct 20, 2012 12:06 pm

Must have been in Malibu. That's about when the CA coastal comm started requiring residents wanting to renovate or build a sea wall to dedicate a access easement to the beach. The easement would take over their entire side yard setback on one side.

bruce hall · Post by **bruce hall** » Sat Oct 20, 2012 2:08 pm

woodcutter.

bruce hall · Post by **bruce hall** » Sun Oct 21, 2012 6:56 pm

THIS IS A TEST OF MY LAPTOP. THANK YOU.

sdprofessional · Post by **sdprofessional** » Tue Oct 30, 2012 3:15 pm

bruce hall wrote:a "change" in some law in 1972. I guess I should know what that change was?????? But I don't. I am okay with not knowing, I guess, but not really.

It's the not knowing that I don't know, that is the killer.

I would really like some feedback on this "change", if anyone knows.

This sounds a little unfair in my honest opinion.

bruce hall · Post by **bruce hall** » Tue Oct 30, 2012 7:29 pm

I could have labled my comments a lot of things, but not unfair. I just don't know everything that I should know. Maybe that's the unfair thing? Yea, that's it!

California Surveyors Forums

Public use of private land.

Public use of private land.

so evidently there was

Thanks,

it sounds unfair, huh?