California Surveyors Forums

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.

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.

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.

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

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.

woodcutter.

THIS IS A TEST OF MY LAPTOP. THANK YOU.

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.

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!