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Access to Gov Land


south fork

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I live on a private road. At the end of the road there's a trail that leads Down To the river. My family and other property owners have been using this trail for over 30 years. Now we have one of the property owners blocking access this guy is living in a old mine shaft. We worked on the trail off and on all winter. Now mole man Has put up over twenty no trespassing signs up at the start of the trail where it crosses his property Hes already been arrested for brandishing. So now I'm thinking of suing for a prescriptive Easement. I guess this turned into a rant But if I don't do something we will lose are right to government land. Mad as hell in Kelsey

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Funny how when someone moves into an area they think they own all the surrounding land as well. I have seen this happen many times though and unless you have a valid mining claim you need to access he may just win in court believe it or not. BLM has done this in many areas now as have some private land owners. Doesn't seem right, but our system and it's priorities have changed especially when it comes to mining on any level. Wish you the best in your fight and you are correct ya gotta stand up now and then...

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Funny how when someone moves into an area they think they own all the surrounding land as well. I have seen this happen many times though and unless you have a valid mining claim you need to access he may just win in court believe it or not. BLM has done this in many areas now as have some private land owners. Doesn't seem right, but our system and it's priorities have changed especially when it comes to mining on any level. Wish you the best in your fight and you are correct ya gotta stand up now and then...

The thing is that the record of survey shows this as an existing road. This battle has been going on for years around six different gates have been removed. this road passes threw nut bags land and then into another piece of property than on into BLM or conservancy land. We have permission to pass from the other owner but why do i need it the road been there since the gold rush. Now that mole man has it posted if he calls the sheriff its anyone's guess how that will go. But there's a lawyer down the hill that also uses the trail so if I can just put a fire under them maybe.

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I understand that the Forest Service is taking the stance that many roads that are on maps never existed. Several years ago we had a lengthy discussion on this forum about how many roads in CA have been privatized and 1,000's of acres of BLM land is landlocked. Lots of gates that were never locked in AZ and other states are now locked. Each situation is unique but the bottom line is if you want to fight it you probably need to lawyer up.

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The law says if you have been using a road "openly and notoriously" for seven years or more, you have acquired prescriptive easement. I won a case years ago but I was on the other side...someone wanted easement through my place...They claimed that their land on the other side had rights to pass over my land...The guy suing me was from North Carolina and hadn't set foot on the property way in over 10 years...Citing the law I mentioned above, the judge ruled in my favor and the guy had to build a bridge upstream from my ranch! Good luck with it...Cheers Unc

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Me and my wife have been using the road and trail for over 30 years to condition our horses for light endurance riding. Now that I'm retired my sons helped me clear the trail so I could get Down to the river with a ATV. I could walk down but would take a full day for me to get out and I'm done riding horses. so I think Ill take it up with the rest of the property owners that use the trail. And together I think we can win this in court. There are 49 parcels or so along this ridge and a lot of us have had problems with mole man. He just spent a month in the county jail For brandishing so hes real mad and nailing no trespassing signs all over. He claims to have owned the land that the trail and road pass threw for over twenty years.

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The law says if you have been using a road "openly and notoriously" for seven years or more, you have acquired prescriptive easement. I won a case years ago but I was on the other side...someone wanted easement through my place...They claimed that their land on the other side had rights to pass over my land...The guy suing me was from North Carolina and hadn't set foot on the property way in over 10 years...Citing the law I mentioned above, the judge ruled in my favor and the guy had to build a bridge upstream from my ranch! Good luck with it...Cheers Unc

Yep, but the amount of time for the open and notorious or "adverse" use varies by state. For example, you must be using it for 20 yrs uncontested in UT before the prescriptive easement access kicks in. If you had only been using it for any number of years and an owner were to turn around and grant you permission to cross, that would end the open and notorious use period. I would imagine you have a good case with 30 years of use depending on the laws in your state and provided there is not some other odd circumstance at play.

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In calif to have the perscriptive easement(open and notarious use) you must ALSO HAVE PAID PROPERTY TAXES ON THE PERSCRIBED LANDS FOR THE SAME 10 YEAR PERIOD---period. No profile so I don't know state. Ugly scene and court is a coming and scum sucking lawyers gonna make the ordeal expensive and drag it out as long as your wallet is deep-righteous bummer-John :angry-smiley-010[1]:

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We may have an alternative way in to the BLM land an adjoining property owner told us to build a trail across her land Then we cold drop right into the existing road below the contested section. This a Quick fix but if the property changes hands were right back in the same fix. But a least I'm generating more interest in keeping this trail open. I could also involve the nature conservancy but then a new set of problems with rules and regulations. They don't like Gold miners.

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If you haven't noticed, this has been a favored tactic of the forest service and other agencys to sell land on the borders and encourage the new owners to fence and lock the gates to these old roads that in turn locks up the forst for private use of said land owners. Prescott forest has been turned into a private preserve for a few richie riches in this manner in the last ten - fifteen years or so, ever since the mad rush to fence during the forest fire hazzard closures in recent years.

Good luck fighting the holier than thou's that supposedly know how to treat the land better than you!!!

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:*&$*(: no No NO way in LL -- :angry-smiley-010[1]: lay down with dogs and you get up with fleas. Stay the LL away from the environutz with NO exceptions :twocents: John

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Just got back from a "walkabout" to Nevada....Pigeon Springs area and was accosted by a nut job about me allegedly claim jumping and how that had cost the last guy his car, his equipment and his home. Seems he has about 2400 acres on top of the mountain but feels the need to enforce a no prospecting policy for the whole county. I was no where near his claims and the BLM website showed no active claims in the area where I was looking. Bottom line, I told the nut that I wasn't trying to be mean or difficult but if the land was claimed then the claim holders had better get in compliance with BLM guidelines as to the marking of such claims and that he should high tail it back up the mountain to his own claim unless he felt he could out shoot me or whip my a$$. I invited him to consult with the local constabulary or call BLM but staying in my face and in my personal zone was no longer an option. I managed several more days of prospecting and camping out without incident and found out later he tries that with every one that passes through the area and even tries to control a well head that is used for watering cattle that is not even on his claim either. I didn't drive 1800 miles one way to have someone make my life miserable. I go to get away from it all and do not require any human companionship whether friendly or otherwise. I do respect properly marked claims and try to steer clear of confrontation but when someone insists on a show down I give them every opportunity to rethink their position and if they press the issue...then "game on".

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