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Can US Forestry Charge us fees to get to our homes?

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dlginla

Junior Member
STATE is California

I live amongst 12 other neighbors. We all have at least 5 acres in a secluded Canyon. The land was made public back in the 1940s or earlier (prior to the US Forestry). There is a County Paved Road that goes past the lots. To connect our land to the County Paved road is a Dirt road. Every lot has a legal easement so all the lots can have access to the County Paved Road. The first 100' or so is now owned by Angeles National Forest (US Forestry). They have decided they want to charge us a land use fee to access our homes.


Is this legal, if not, how do we respond to them?
 


justalayman

Senior Member
Is this legal, if not, how do we respond to them?
by showing them proof of the following:

Every lot has a legal easement so all the lots can have access to the County Paved Road.
The rights afforded in an easement (as long as written to run with the land) are not affected by ownership of the servient tenement.
 

randomguy

Member
Sounds like the forest looking for some extra money and haven't done their homework properly. They can't charge for access to easement. Your best bet would be to get together with all homeowners and get a lawyer to write a letter to the US forest reminding them that they can't charge you for access to easement. Not only do you have an easement that been granted over 60 years ago but you would still have by prescription. Basically you need to tell US forest to stop smoking.
 

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