Another surf spot closed.

[saltwaterhabits]

I tried to get in a few nites ago and indeed it was well secured.
The only way in would be a major breach into private property. It is a fine spot, but I just don't need the excitement of an arrest...and they mean it !

[Flaptail]

I hate to hear sh!t like that, will this have a domino effect for you guys in RI? I have seen it down here at the west end of the canal where we had spots where we could walk into places through private property and then they got sold and the new owners just put up the No tresspasing signs or fences and bingo, a place that fishermen had access to for 60 years is gone in a heartbeat.

[afterhours]

i'll betcha some loud disrespectfull fishermen were the cause of this...

[afterhours]

ps- time for us to use small boats to get access to some of these closed spots- just stay below the high tide water mark.

[go4broke44]

Originally Posted by Flaptail

I hate to hear sh!t like that, will this have a domino effect for you guys in RI? I have seen it down here at the west end of the canal where we had spots where we could walk into places through private property and then they got sold and the new owners just put up the No tresspasing signs or fences and bingo, a place that fishermen had access to for 60 years is gone in a heartbeat.

Flaptail, theres a MA law about "right of easement" or something, so technically they can't limit you access if you have been doing it for X number of years without a problem

[Swimmer]

Originally Posted by go4broke44

Flaptail, theres a MA law about "right of easement" or something, so technically they can't limit you access if you have been doing it for X number of years without a problem

What you refer to is that quirky little law thats allows a landowner to let people onto his property for every day of the year but one. As long as the landowner closes the path and allows no access for that one day a year, the landowner retains all legal right to close down access legally anytime he/she wants too. That one-day closure keeps the path and property private. But then again this being Massachusetts, monied landowners can probably get anything done in court, whether the access is closed once a year or never closed. What Flaptail mentioned though is very different. New owners of a property means new rules.

[Karl F]

Originally Posted by go4broke44

Flaptail, theres a MA law about "right of easement" or something, so technically they can't limit you access if you have been doing it for X number of years without a problem

One thing I have learned here in MA, is that the above is not so... especially if you have a land courted Registered Deed... no rights of easement can be applied even well after 20 years of use... fortunatley, this worked out to my benifit, in my case....
and as Swimmer stated, if the property owner closes the path once a year, he's covered.
Property Owners do have rights, and can pull the strings... but it is unfortunate, that some spoil it enuf to force the owner into closing it down for all.

[Mike P]

Originally Posted by go4broke44

Flaptail, theres a MA law about "right of easement" or something, so technically they can't limit you access if you have been doing it for X number of years without a problem

Not in this case. There was never a general right of access--select individuals had permission from the old owners of those houses to cross their yards and fish there. Some would allow you to park your vehicle in their yard, too. You can't gain a prescriptive easement by using the property with the express permission of the landowner. Your use of the property has to be open and under some claim of right, so crossing the guy's yard at 3 AM while he's asleep isn't the same as an open and notorious use adverse to the landowner's right of ownership.

There are unmarked public rights of way in those areas though, that most people don't know exist, as the signs were removed by landowners years ago