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Re: trail preservation...have a question

Prescriptive easement. The details vary from state to state. You will need
to consult an attorney in your state with familiarity of the subject - most
likely an attorney experienced in land use.

Duncan Fletcher

----- Original Message -----
From: "superpat" <>

> Hi All,
> About four years ago at AERC convention, I sat in on a trail preservation
> meeting and heard a speaker who has worked for years on developing and
> preserving trails.
> She pointed out that when a trail has been used for a number of years (is
> there a specific amount of time?) even if it is on private land, access
> cannot be denied. (kind of like a grandfather clause?)
> I am currently working with a consortium of community members and various
> trail users, the Forest Service and City Park Commission to build and
> renovate and maintain trails in our area. In one area, a portion of a
> goes through three plots of privately owned land. One of the land owners
> working with the consortium but we have been unsuccessful in contacting
> other land owners. As we devise a plan for re-routing the trail, it will
> still be necessary to go through a small portion of some of the private
> land. It would be helpful to know if what I remember hearing is correct.
> Does anyone out there know if and where I can find information about the
> necessity for private land owners to allow access to trail when the trail
> has been in use for a number of years?
> Thanks for any help or suggestions.
> Pat Super

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