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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>
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Organization: USAMC ALMSA, St. Louis, MO
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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