Aerial (Low Altitude) Public Land Access

[Ben Sellers]

Also, isn’t this just an extension or next step in the corner crossing conversation? In both cases we’re trying to layman lawyer something that would be decided by the Supreme Court.

 

[Straight Arrow]

No legal background whatsoever, but it would seem a trespassing ticket would establish the fact of private property trespass and counter the prescriptive easement case.

The situations I am aware of involved the continuous use of the access route with objection from the private property owner through whose property the route went, but with no criminal action against the party using the access adversely.
Particularly with a long history of access (esp if the 5 yrs) it seems even if the landowner wants the "trespasser " cited, the sheriff will suggest they take it up in court. In fact for the easement to be fully lawful going forward, it has to be decided by the court and established with court records and an easement on the title to the property through which the easement for access goes.

 

[MTGomer]

it would seem a trespassing ticket would establish the fact of private property trespass and counter the prescriptive easement case.

Absolutely.

 

[VikingsGuy]

Absolutely.

In some states so would posting the area within the 5 years. Some farmers up in this area send survey drawings with a reaffirmation of their title and lack of consent or easement to all their neighbors every 12 years (we have a 15 yr to adverse possession rule) just to be sure field creep or access activities don’t result in loss of land or easement grants.

 

[RobG]

If you can jump over the private section make sure you can jump back while carrying a deer!

 

[rmyoung1]

If you can jump over the private section make sure you can jump back while carrying a deer!

It’s elk I’m after but yes.... thought of that. Worse case scenario: de-bone and cut that baby into basketball-size pieces and throw it over.

 

[RobG]

It’s elk I’m after but yes.... thought of that. Worse case scenario: de-bone and cut that baby into basketball-size pieces and throw it over.

Cow-tapult it over!