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Right to passage

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More than likely, yes. But facts matter and you have provided very few.
Facts: There's a public lake. There's a guy that owns the road to the lake. There's two locks on the gate he put up. One lock is for county and the other is his to keep other public from driving to the lake, but he still allows the public to walk through. He maintains the road. We want to bring our boat to lake but can't carry it. Is he allowed to keep public vehicles out but still let public walk in?
 

quincy

Senior Member
Facts: There's a public lake. There's a guy that owns the road to the lake. There's two locks on the gate he put up. One lock is for county and the other is his to keep other public from driving to the lake, but he still allows the public to walk through. He maintains the road. We want to bring our boat to lake but can't carry it. Is he allowed to keep public vehicles out but still let public walk in?
If it is a private road, yes. The guy who owns the road can prevent the public from accessing the public lake by car using his private road.

Is there a public access point somewhere else on the lake? Is the lake open for boating?
 

LdiJ

Senior Member
Lake is open for boating. No other access.
You need to check and see if there is an easement for public access over that private road. I cannot see a public lake, that allows boating having no public access to the lake. Its possible that the landowner is blocking access illegally.
 

FarmerJ

Senior Member
Curious , does your home have a easement granted to it to access the lake ( when you bought it was there a easement that came with it for access over any other parcel? ( Ive seen so called prairie potholes that are surrounded by privately held land but up here even smaller lakes like two of them that are 12 miles east of me that are healthy enough to support crappies and sunfish have bare bones public access. If your county has no information as to public access then try your states department of natural resources and see if they have information about public access to this lake.
 

quincy

Senior Member
Curious , does your home have a easement granted to it to access the lake ( when you bought it was there a easement that came with it for access over any other parcel? ( Ive seen so called prairie potholes that are surrounded by privately held land but up here even smaller lakes like two of them that are 12 miles east of me that are healthy enough to support crappies and sunfish have bare bones public access. If your county has no information as to public access then try your states department of natural resources and see if they have information about public access to this lake.
The County apparently has a key to the locked gate on the private road. The property owner also has a key. I would think that the County would know whether the gate should be locked (blocking public vehicle traffic) or open to allow for more than foot traffic.
 

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