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[RC] trail use - Marlene Moss

Does anyone know what the pertinent legal term is to describe a situation where someone has had permission to use a road for a number of years and then someone wants to take that permission away, but since it has been an established right of way that the user has some legal right to continue using the road?  I hope that makes sense!  I want to see what Colorado laws are for this situation.

 

Basically, I own a boarding facility that has for some number of years been given permission to ride down a private road to get to another county road or to an open area for riding.  It was never a problem til someone bought and built on a lot that spans the T from the private road to the county road.  These people have 3 pit bulls and they’re annoyed that they can’t let them roam the property (35 acres, but has 2 roads through it, silly set up!) and the wife just had a baby and the dogs bark at the horses and wake up the baby.  Never mind their target practice, constant chain saw running since they sell firewood alongside roads in town and ATV that makes endless circles.  He says he is revoking our permission to ride through and will put up a cattle guard to prevent it.

 

I can avoid going by his house for our longer tougher rides but the nice easy ride for first trail rides for horses or for more casual riders is what has been lost.  I certainly don’t mind giving the guy a break while the baby is so young, but I really don’t want to lose this trail for our casual riders or for when we have limited time, since the other option involves climbing a pretty serious rocky hill.

 

So I’m hoping I can show to him that our permission is sufficiently dated that he really can’t refuse our ability to ride through but that we will be as polite about it as we can and certainly try to limit the rides through in the near future. 

 

Any suggestions?

Marlene

 

 

Marlene Moss

www.LosPinos-CO.com - Boarding, Sales and More

www.KineticEquineAnalysis.com - Saddle Fitting