Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site brl-tgr.ARPA Path: utzoo!watmath!clyde!cbosgd!ihnp4!mhuxn!mhuxr!ulysses!allegra!mit-eddie!genrad!panda!talcott!harvard!seismo!brl-tgr!wmartin From: wmartin@brl-tgr.ARPA (Will Martin ) Newsgroups: net.legal Subject: Re: Easements Message-ID: <3130@brl-tgr.ARPA> Date: Tue, 12-Nov-85 14:10:34 EST Article-I.D.: brl-tgr.3130 Posted: Tue Nov 12 14:10:34 1985 Date-Received: Thu, 14-Nov-85 08:56:35 EST References: <2862@brl-tgr.ARPA> <780@mmintl.UUCP> Distribution: net Organization: USAMC ALMSA, St. Louis, MO Lines: 30 In article <780@mmintl.UUCP> franka@mmintl.UUCP (Frank Adams) writes: >I would suggest that before any legal action be taken in a case like this, >the owners of the property should be consulted first and asked to restore >the access. There is too much of this "sue first and ask questions later" >attitude. >Frank Adams ihpn4!philabs!pwa-b!mmintl!franka Of course. But the net request was to solicit information to find out if there was any grounds for even requesting such restoration. That is, if the history of public access DID create some "rights" or had some effect. Then, the first step would be a letter to the property owner, requesting the access be maintained, and mentioning (in a non-threatening way) that preliminary legal advice leads the writer to believe that there would be a matter of "easements" involved. Since the owner would be referring such a missive to his lawyers, the writer should know just what he is talking about, and use the proper jargon. More info -- things may well be better than it first appeared. What seemed to be a "fence" upon observation from a distance away, with the view partially blocked by cars, turned out to be a gate. This gate has been kept open during working hours since that one day it was seen closed. So the access may only be restrained during off-hours. Since I am not likely to be here then, or going through that way during such times, I probably will not continue to pursue this matter. However, I would still like to know more about "easements" in general and how they would apply in this sort of situation. Will Martin UUCP/USENET: seismo!brl-bmd!wmartin or ARPA/MILNET: wmartin@almsa-1.ARPA