Originally Posted by
smirus
Does anyone know where i could find or what the laws are concerning existing trails in a City Water Shed area? I have a trail in my area that people are trying to close. They claim it is against Federal law to have any type of recreational trails in a water shed. But i have been to many others. I have also heard rumors there is a law that if a trail has been in existence for a certain amount of time, it has to be allowed.
Thanks!
Those rumors are probably based on a misinterpertation of creating an easment by adverse use. Forget even trying that method if yuo are working against a government entity. Also the adverse part is important. The concept goes way back in commopn law, the idea was for things like trails to prevent a lot of the tings one sees with trails and water holes in westerns. For a landowner to prevent this all that is needed it to post a sign saying something like, use of trail is by permission, revokable at any time. To create such an easement one has to show regular use and in many cases all the owner has to do is prevent use one day a year.
I think the time is 7 years, and you have to prove use for that period. In short forget it.