I thought you were cool, Kyle.
This has been a neighborhood right of way for over 25 years. Also, private property should be abolished.
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There was a story going around a couple years ago about trails on private in ct that the owner wanted ridden. He figured out that if he posted it no trespassing it eliminated his liability and he could let everyone ride. Maybe your state has a way to protect them from liability and you get the neighborhood together to do a maintenance day they’d change their mind?
I’m ready to immediately go to war, but there are more diplomatic neighbors with cooler heads and law degrees who I think will step in and propose a solution.
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Recreational immunity is a thing in some states…seems like this is the case in CT.
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My real estate buddy told me about ‘prescriptive easements’ which I think might be the best avenue to pursue.
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The recreational use statute means the owner isn’t liable if someone hurts themself (so long as they haven’t made it intentionally dangerous). The downside to these laws is they don’t prevent someone from suing. The suit will get thrown out, but there’s still a cost to it.
Do you have a local land trust? They may be helpful with talking calmly to the land owner, explaining the rec use statute, and suggesting an easement (which may have tax benefits).
I just read about something similar in VT except the property owner lost cuz VT is quasi-allemansrätten
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Update: The neighbor next to that house has volunteered to have a pathway through their yard. Sounds like the whole neighborhood is pitching in to fund and help build it!
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it would be a shame if bad things happened to the stupid neighbor
shartmo this is a failure of disclosure and due diligence… especially if the new owners are parents or reactive dog owners they shouldn’t have to tolerate a de facto access easement
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we should be able to walk wherever our feet take us and eat what we find.
private property is a lie
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we should also live in a society free from risk to our loved ones and dwellings, but that is not the society we have
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This seems like the best possible outcome
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I mean, mostly it is
Out here we’ve got yahoos felling trees across county roads putting up no trespassing signs, and menacing the public in an attempt to eminent domain themselves a slice of public land.
In our litigious society, I don’t blame the new owners for politely notifying the public. They could have built a spite fence, which probably would have been met with even more outrage.
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if the property is large enough, fencing everything but a ~6’ ROW would solve both issues albeit leave the owners open to future property forfeiture
put up a six foot right of way
move it every year so you don’t get forfeited
it’s like letting fields lie fallow
It probably just needs a signed note posted every year (and photographed as proof) that it’s a permissive right of way. At least that’s the case in MA.
But I like your idea better.
Tarck book club?
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It’s unnecessarily complicated which makes it superior atmo
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