road access issues

[Goldwasher]

im starting a new thread with some new info. so theres a group suing a family in california. WHY? cause this family put a gate up on their property. it blocks access across their land to federal land.theres a news paper article i read last night in the local paper the Mt. Democrat.i guess ca. law states that if a road existed pre-1977 or 76 (sorry i dont wanna go grab the paper) for five consecutive years its a public rd especially if it access' puplic lands(federal)and can not be blocked.heres the lame part this group is sueing and they put the burden of proof on them they have to bring in witnesses to recollect and share their memories of using this road. so the dispute isnt the law..but, did people use the road wich i had mentioned in my other posts. that is why i feel that the road i wanna go down is legal for me to go down...... it is on my topo map from 1950 whenever it was made and still there when they did the re survey in the 70s if its on the map back then and still i say it existed pre 77 and was in use for more than five consecutive years. so my plan of action is have my map go to title office find out when the one private property blocking access was developed and show that the road leads to a claimable area of blm land...that has abandoned claims on it that proves it was accessed before by the public the claims records will have dates..........anyone else have any other ideas that will count as proof of previous acess.

 

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[stefen]

First off, not all access / egress easements are the same. Each easement is written by a negotiated or specific use agreement.

That being said, the Parcel Map, Record of Survey or Recorded Grant Deeds (titles vary by agency and region) will have a descriptive (written) entitlement of the easement and expressed limits or constraints.

The easement may be unlimited and therefore open to public use...or the easement may entitle use by certain specific entities only, or during specific conditions.

Depending on where you are located, the County Recorder or County Surveyor would be a good beginning for research...however, never let yourself think you have found all of the data...or the lack thereof...

To assure that you obtain the correct data and its tracked by time and date, a Title Company, therefore, can research all Land Deed records and provide the appropriate maps and written descriptions.

 

[Hoser John]

The 5 year open and notarious use clause in the kalif laws MUST include the person using ALSO paying property taxes on that segment of land--so your outta there. Any good realtor could have told ya this info--it's on the test-John

 

[golddust77]

I dont live in cali any more I lived in lomita for 3 years and didnt even think of prospecting till i moved back here I do know that here if you own a peice of land that is land locked one of the ajoing land owners has to alow a right of way to your land bieng this is blm land how do they get there and i would call them and ask . hey did you know you cant acess your own parcial of land and just see what they sAY this probley no help at all but theres always a way you just have to find it and get more poeple in volved to get what you want thanks

 

[Hoser John]

YOU lived in little mexico for years--got Gkids there and I don't visit without a taser and my ol'357 mag--fully loaded-John

 

[Nugget Hunter Smith]

I believe the law he is refering to is a Federal Law RS2477, which states that any roadway, pathway or trail that existed prior to 1976 can not be closed down without specific authorization from Congress. Of couse this only applies to roads/pathways that cross "federal" lands. But this law and right has been ignored by the US Forest Service and BLM. Remember they are gods unto themselves or so they think!

 

[kuger]

I know down here (Central Motherlode)the Ponderosa road which goes coast to coast ,North to South,was shut down in segments about 20 years ago.The sate put up keep and liability onto the landowners.......which of course shut it down.This road was Federally built and shut off thousands of acres.This kind of thing is going on Nation wide.In Montana where I have a home and property,large ranches owned by movie stars are shutting off public access's to MILLIONS of acres of public land and they are getting away with it