Striper Talk Striped Bass Fishing, Surfcasting, Boating

     

Left Nav S-B Home FAQ Members List S-B on Facebook Arcade WEAX Tides Buoys Calendar Today's Posts Right Nav

Left Container Right Container
 

Go Back   Striper Talk Striped Bass Fishing, Surfcasting, Boating » Main Forum » StriperTalk!

StriperTalk! All things Striper

Closed Thread
 
Thread Tools Display Modes
Old 08-22-2008, 12:29 PM   #1
Mike P
Jiggin' Leper Lawyer
iTrader: (0)
 
Mike P's Avatar
 
Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
Posts: 8,159
Quote:
Originally Posted by go4broke44 View Post
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

Wise men speak because they have something to say; Fools, because they have to say something.
Mike P is offline  
Closed Thread

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:52 PM.


Powered by vBulletin. Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Please use all necessary and proper safety precautions. STAY SAFE Striper Talk Forums
Copyright 1998-20012 Striped-Bass.com