Nameless Range
Well-known member
I think in MT it may be a bit different:
Prescriptive Easement "requires proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years." And the burden of proof is on the party trying to establish prescriptive easement- in this case the USFS.
I believe the landowners have their own perspective in this too. The more I look into it the more complicated I believe this is. Though my initial reaction is rage and bolt cutters, I am gathering information and really would like to know that if the USFS believes that road provides public access, what are they doing about it and what timeline are they working under. I can prove open and continuous use by the public of that road over the last 5 years, but that stopped last year, and the longer nothing is done the more concerned I get that nothing will be done.
Prescriptive Easement "requires proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years." And the burden of proof is on the party trying to establish prescriptive easement- in this case the USFS.
I believe the landowners have their own perspective in this too. The more I look into it the more complicated I believe this is. Though my initial reaction is rage and bolt cutters, I am gathering information and really would like to know that if the USFS believes that road provides public access, what are they doing about it and what timeline are they working under. I can prove open and continuous use by the public of that road over the last 5 years, but that stopped last year, and the longer nothing is done the more concerned I get that nothing will be done.