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Any CA lawyers here? Public access to private road question
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Quick question -- I live in a Bay Area suburb. There is a lane that is designated a private road (note, not a shared driveway or anything, just your standard vanilla court, with property lines meeting in the middle of the street). One homeowner on the street is bitching about 'the public' walking down the road. There is a pedestrian cut through between that road and another court. Vehicles can't get through.

It is my understanding that a private road usually just means the city/county doesn't maintain the road and it's the responsibility of the property owners. There's no HOA or anything, and no one's done jack to the road in the 20 years I've lived here. Parts are basically gravel at this point.

Can the public be prevented from walking on this road?

There have been no physical changes in the 20 years I've lived here. The cut through has always been here, etc. It's not like people just started walking in the last year or so. The entire neighborhood was built in the '50s.
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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Nope.
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Re: Any CA lawyers here? Public access to private road question [jimatbeyond] [ In reply to ]
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jimatbeyond wrote:
Nope.

Can you point me to any statue/backup on that?
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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Erin C. wrote:
jimatbeyond wrote:
Nope.


Can you point me to any statue/backup on that?

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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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You should google "adverse possession" and "prescriptive easement".
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Re: Any CA lawyers here? Public access to private road question [mv2005] [ In reply to ]
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Haha. STATUTE, then.
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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If you don't stop pedestrians and cars from entering that road and walkway less than every five years and notifying them that it is private property, they can use it.

Stanford University stops everyone and hands them a piece of paper with the private property notice less than every five years so that they retain their right to restrict access.
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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Erin C. wrote:
Quick question -- I live in a Bay Area suburb. There is a lane that is designated a private road (note, not a shared driveway or anything, just your standard vanilla court, with property lines meeting in the middle of the street). One homeowner on the street is bitching about 'the public' walking down the road. There is a pedestrian cut through between that road and another court. Vehicles can't get through.

It is my understanding that a private road usually just means the city/county doesn't maintain the road and it's the responsibility of the property owners. There's no HOA or anything, and no one's done jack to the road in the 20 years I've lived here. Parts are basically gravel at this point.

Can the public be prevented from walking on this road?

There have been no physical changes in the 20 years I've lived here. The cut through has always been here, etc. It's not like people just started walking in the last year or so. The entire neighborhood was built in the '50s.


By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!
Last edited by: windschatten: Jun 5, 17 23:08
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Re: Any CA lawyers here? Public access to private road question [windschatten] [ In reply to ]
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windschatten wrote:
Erin C. wrote:
Quick question -- I live in a Bay Area suburb. There is a lane that is designated a private road (note, not a shared driveway or anything, just your standard vanilla court, with property lines meeting in the middle of the street). One homeowner on the street is bitching about 'the public' walking down the road. There is a pedestrian cut through between that road and another court. Vehicles can't get through.

It is my understanding that a private road usually just means the city/county doesn't maintain the road and it's the responsibility of the property owners. There's no HOA or anything, and no one's done jack to the road in the 20 years I've lived here. Parts are basically gravel at this point.

Can the public be prevented from walking on this road?

There have been no physical changes in the 20 years I've lived here. The cut through has always been here, etc. It's not like people just started walking in the last year or so. The entire neighborhood was built in the '50s.


By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!

You are a strange one. If you have footage, why dont you just call the police?
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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Re: Any CA lawyers here? Public access to private road question [windschatten] [ In reply to ]
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windschatten wrote:
Erin C. wrote:
Quick question -- I live in a Bay Area suburb. There is a lane that is designated a private road (note, not a shared driveway or anything, just your standard vanilla court, with property lines meeting in the middle of the street). One homeowner on the street is bitching about 'the public' walking down the road. There is a pedestrian cut through between that road and another court. Vehicles can't get through.

It is my understanding that a private road usually just means the city/county doesn't maintain the road and it's the responsibility of the property owners. There's no HOA or anything, and no one's done jack to the road in the 20 years I've lived here. Parts are basically gravel at this point.

Can the public be prevented from walking on this road?

There have been no physical changes in the 20 years I've lived here. The cut through has always been here, etc. It's not like people just started walking in the last year or so. The entire neighborhood was built in the '50s.


By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!

Huh. O.K. I'd just like to be able to walk out of my neighborhood the non-trafficy way.
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Re: Any CA lawyers here? Public access to private road question [Erin C.] [ In reply to ]
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just watch out for this dude:

https://www.youtube.com/watch?v=97hfxth3aas

(yeah, I know, he's pretty far south of you)
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Re: Any CA lawyers here? Public access to private road question [windschatten] [ In reply to ]
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windschatten wrote:
By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!

It's unfortunate that your property is being vandalized, but that's a separate issue from any prescriptive easement. And it's not just colonial law that includes such provisions - doesn't Germanic common law include the Wegerecht which is even broader in scope?
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Re: Any CA lawyers here? Public access to private road question [eb] [ In reply to ]
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Thank you for bringing up that this is much better regulated in Europe...

Broader in scope? You mean it allows for voyeurism, squatting, vandalism and theft?

I do not think so.

I am pretty sure that these would be a pretty good reason and cause to actually rescind that right. Especially since we are talking about private property with other possibilities for access/thoroughfare.

It really sucks and I am going to sell that property ASAP, as I have seen the Middle Class neighborhood literally 'go down the drain' (hahaha...pun intended) over the last couple years.




eb wrote:
windschatten wrote:

By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!


It's unfortunate that your property is being vandalized, but that's a separate issue from any prescriptive easement. And it's not just colonial law that includes such provisions - doesn't Germanic common law include the Wegerecht which is even broader in scope?
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Re: Any CA lawyers here? Public access to private road question [windschatten] [ In reply to ]
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 ... top-posting for a change ...

No, sorry, what I meant by "broader in scope" was that the Wegerecht allows for access (for passage across private land) even without historical use and a prescriptive easement. Of course it doesn't allow for that other stuff. Solcher Unsinn ist verboten!

windschatten wrote:
Thank you for bringing up that this is much better regulated in Europe...

Broader in scope? You mean it allows for voyeurism, squatting, vandalism and theft?

I do not think so.

I am pretty sure that these would be a pretty good reason and cause to actually rescind that right. Especially since we are talking about private property with other possibilities for access/thoroughfare.

It really sucks and I am going to sell that property ASAP, as I have seen the Middle Class neighborhood literally 'go down the drain' (hahaha...pun intended) over the last couple years.

eb wrote:
windschatten wrote:

By upbringing and ancient outdated and derelict 17th century colonial law, squatters and vandals who take whatever advantage they can get against all human decency and morals are gonna still be in the right....so there is that.

I am opinionated, as I am on the receiving end and my lovely neighbors constantly vandalize (scratch my car in the driveway, steal plants or rip off flowers/fruit) and trash (waste and noise) my property.

Not sure this is Bay Area specific, but probably an adherence to the 'Wild West' past or just plain due to the failed/no-existent social sciences 'education' at so-called 'premier-schools'.

I was able to combat that with modern technology to great success, though :-), as nobody wanted to have footage of their naked ass posted publicly on the town's bulletin board website :-)

Still SAD!


It's unfortunate that your property is being vandalized, but that's a separate issue from any prescriptive easement. And it's not just colonial law that includes such provisions - doesn't Germanic common law include the Wegerecht which is even broader in scope?
Quote Reply