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To: BenLurkin

Is there an easement? That is what matters


2 posted on 09/12/2018 9:36:42 AM PDT by Trump.Deplorable
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To: Trump.Deplorable

Near as I can tell from the article, there is no recorded easement, but there is a claim of an easement by use (or some such thing)


3 posted on 09/12/2018 9:37:54 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Trump.Deplorable

That would be the simplest solution, barring that this will go to trial. The judge will most likely side with the public and rule based upon historic use and photographic evidence.

At least that’s what happened in my o e abd only prescriptive rights case that I was involved in.


6 posted on 09/12/2018 9:42:06 AM PDT by shotgun
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To: Trump.Deplorable

IANAL, but I think they have a case. The pathway was not maintained exclusively - public access was granted for at least seventy year.

IANAL, but we do have common law in the US, one way or another.


8 posted on 09/12/2018 9:43:59 AM PDT by old-ager
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To: Trump.Deplorable

“Is there an easement? That is what matters”

Read tge article and do your homework ...


13 posted on 09/12/2018 9:49:23 AM PDT by TexasGator (Z1)
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To: Trump.Deplorable
Is there an easement? That is what matters

Not that simple in California.
Prescriptive rights creates a permanent legal easement.

25 posted on 09/12/2018 11:30:50 AM PDT by publius911 (Rule by Fiat-Obama's a Phone and a Pen)
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