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new fence across old path used by many

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jholdawa

Junior Member
What is the name of your state? california

There is a road intersected by a creek. The road stops and then about a 100 feet later it continues on the other side of the creek. For probably the past 50 years (when my mother moved here) the neighborhood has used this path as a short cut. To take roads is about an extra 2 miles or so. Recently someone built a fence across the path. I assume their is a new land owner or something. We are ready to just tear down the fence but what should we do so as to not get arrested?
 


EASEMAN

Junior Member
Go to the county recorder's and assessor's offices to determine who owns the fence and the location of the property lines. Find out who owns the land under the creek. Some counties have the information online. If the creek is owned by the government or has some sort of easement, you may not be able to get a prescriptive easement across it.
Are the roads on each side of the creek legal public roads?
Do you want to make your neighbor angry by tearing down his fence and stealing his land?
 

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