fwd: Rick Bass on logging roads

Ron Wenrich woodtick at lebmofo.com
Mon Feb 2 19:08:04 EST 1998



Walter Epp wrote:

> jens at lucent.com (Marty Jensen) wrote:
> >This was about trespassing, right?  We've hunted the same land for 25 years and
> >a guy bought a 40 acres parcel right in the middle of where we hunted this year
> >and posted the land.  I use to walk across that property everyday during deer
> >hunting and this year I walked around that property. I obeyed the law.
>
> You may want to check what the law actually is. I heard that there is an ancient
> principle in common law that if people have been doing something on any land
> for a long time then they have a de facto easement that is legally enforceable.
> --
>

I once had a timber sale proposed on a property where the landowners had used a road
for 20 yrs.  The one landowner was an attorney.  When harvesting was proposed, no
right-of-way was actually written into the property discription.  The neighbors said
no to the harvest and 100 acres of timber rotted on the stump due to the gypsy moth
and landowners that didn't want to go to court.  I have seen other cases where
established roads were used into properties and were shot down as right-of-ways when
harvesting was proposed.

Just because you mow the grass doesn't give you the right to a property.  Hunting on
a parcel would be deemed the equivalence of mowing the grass.

RDW





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