RC: Prescriptive Rights: Court case in VT.

["guest@endurance.net" <guest@endurance.net>]

Barb Peck bpeck@together.net
Barb Peck
bpeck@together.net

There is a court case pending right now, in my town, pitting neighbor
against neighbor, which resulted in a criminal tresspass
issue.

The issue for the court to decide is:
Does a private land-owner have the right to close a town's
"public" trail which runs through the landowner's property.

This is a long un-used town road, which was designated
as a town trail. People  from out of town have purchased
this large tract of land & want access to anyone denied.

The new owners have expensive lawyers that are now challenging
the town to produce, not only  old town maps, but survey
certifications that prove this was indeed a *town* road at one
point.  Well, every town in Vermont would be hard-pressed
to produce something more than old maps on roads that were
built 150 years ago.

This case is going to be precedent setting.
The criminal tresspass suit is slated to follow the
Town's law suit,  so the courts ruling  for/against the
town will affect the tresspass suit.

We'll see what happens.

Barb