Use of easement 'driveway' thru CNF?

[DanSanDiego]

This gate is in the middle of a large section of CNF. It goes to a few private parcels that start 1/2 mile beyond the gate. (At the top of the gate it says "Keep Out")

I'm going to ask the Ranger about this because it seems like anyone should be able to use the portion of this easement road which is within the CNF.

I've seen many gates blocking access to the CNF when the public land is on the other side of private land, but this is the first time I've seen someone blocking CNF land when their private land is on the far side of the public land. Even if I can't drive on this road I'd like to know that I can legally walk on it because it is CNF land. However, maybe because it is an easement for the parcel owners on the far side of the CNF they can block access to their easement (but not to the land around their easement).

 

[Bowman]

Yep your out of luck

 

[Snake Charmer]

I know that gate, went around it twenty five years ago seven or eight miles to the east. Went in another way and got on Cnf, the locals were amazed I walked in from that far and pissed that I was hunting "there land" They tried to tell me I couldn't be there, I told them to call Mr green jeans and they backed off but they did their best to disrupt my hunt. Back then they did not have a foot to stand on as far as access laws go as I found out later. Have not been back since so maybe those folks are dead.

 

[Bowman]

I had the same situation, or similar. Unless I was give wrong info by the dfw. They said I was out of luck. Put a gate up and put no trespassing on it. I also question it. Except I use to hunt there for years. Until they put the gate up.

 

[WaterDawg]

I would certainly ask a ranger like you're planning to do. I bet a lot of these gates and signs are not legit, but if no one challenges them, they just continue.

 

[invisible man]

If I understand you correctly,Seems to me if its an easement through public land then you can walk next to the road or easement boundary. Why would you need the road to get in?

 

[Deleted member 29105]

bolt cutters.....

 

[stikbrandon]

The gate is not a legal forest service gate and it's on NF, the gate it self is illegal . I would jump, crawl through or go around it in a heart beat with out doubt.

When some one confronts you tell them you notified the forest service and they are going to tear it down

That's an old trick. Gate it off or post it, it literally turns public in to your own private land in a blink of an eye for 99% of the hunters out there that don't know any better it keeps them out

 

[ilovesprig]

I can think of a number of gates that have easements to and through private property.....If the easement goes through private property to get to public.....IT IS ILLEGAL to enter.....For instance the gate at Puerta La Cruz honor camp....That easement cuts through VID to get to the CNF.....No Bueno, and they watch it.

Off of Eagle Peak Rd., there's an easement road with a gate to Martinez Ranch....This road used to be an easement through the old Rutherford Ranch property.....It is now all CNF land all the way to Martinez ranch and perfectly legal to cross gate & fence, despite saying other wise.

 

[nicapopolis]

Easements generally have rules attached to them. You just need to find out the actual legal jargon for that one. I wouldn't even bother asking anyone, get it in writing. Possibly from the county or USFS, not sure.

I have 3 types of easements on my property. 1. horse trails around the perimeter, public access okay. 2. Creek bottom easement, no public access but it is an easement so the county can control the water flow (it never has water). 3. Utility easement, the utility company has access to their power pole on my property, no public access allowed.

Sent from my SM-G950U using Tapatalk

 

[steveo007]

I can think of a number of gates that have easements to and through private property.....If the easement goes through private property to get to public.....IT IS ILLEGAL to enter.....For instance the gate at Puerta La Cruz honor camp....That easement cuts through VID to get to the CNF.....No Bueno, and they watch it.

Off of Eagle Peak Rd., there's an easement road with a gate to Martinez Ranch....This road used to be an easement through the old Rutherford Ranch property.....It is now all CNF land all the way to Martinez ranch and perfectly legal to cross gate & fence, despite saying other wise.

theres a guy in an old jeep that came out of that road was all pissed off because someone went
up to the gate in the process of turning around left tire marks on his so called property we had just came out from turkey hunting, he tried to pin it on us saying you've got the same tread pattern, after calming him down and explaining its a popular tire and showing him the tracking from my gps
thanks OnXmaps, he agreed it wasn't us but man this guy was ready to take aggressive action to somebody fair warning to anyone in that area, stay safe out there

 

[Bowman]

if the gate was illegal the state would make them take it down. if they have easement then like said before then it's what is in their paper work. I thinking the same what Aeon and Steve said! after thinking about it. if it's all CNF around the road just go around and stay clear of their property. but like I said earlier if they have easement they have the right to gate it or trust me county or state would make them take it down. no worries. some people do get aggressive when protecting their property... Just because we have the right sometimes it's comment sense, to stay far a way from the property owner as not to get them upset. even if it's right. avoid trouble..

 

[ilovesprig]

Slight disagreement, Lee......CNF does not take down old gates and if anything, they're putting more barriers up.....Two more examples.....The gate to Magee Flat still has it's gate and for years said no trespassing despite being owned by CNF.....Another is on East Grade (S-7).....That road is an excess road to VID, but cuts thru CNF.....Always locked, but you can walk around or over it.

One more.....Lusardi Truck Trail cuts thru Pamo Valley Ranch, but is a public access road to CNF.....CNF will lock the gate when they see fit, but it is legal to go over it anytime....Around it is private.....So, not legal.

Why they make some legal access and other not, I have no idea.


ps......Stevo......I would've told Martinez to pound sand! (if it's the same road I'm talking about).....That road and area is all CNF up to his boundary.

 

[steveo007]

Slight disagreement, Lee......CNF does not take down old gates and if anything, they're putting more barriers up.....Two more examples.....The gate to Magee Flat still has it's gate and for years said no trespassing despite being owned by CNF.....Another is on East Grade (S-7).....That road is an excess road to VID, but cuts thru CNF.....Always locked, but you can walk around or over it.

One more.....Lusardi Truck Trail cuts thru Pamo Valley Ranch, but is a public access road to CNF.....CNF will lock the gate when they see fit, but it is legal to go over it anytime....Around it is private.....So, not legal.

Why they make some legal access and other not, I have no idea.


ps......Stevo......I would've told Martinez to pound sand! (if it's the same road I'm talking about).....That road and area is all CNF up to his boundary.

 

[Bowman]

Slight disagreement, Lee......CNF does not take down old gates and if anything, they're putting more barriers up.....Two more examples.....The gate to Magee Flat still has it's gate and for years said no trespassing despite being owned by CNF.....Another is on East Grade (S-7).....That road is an excess road to VID, but cuts thru CNF.....Always locked, but you can walk around or over it.

One more.....Lusardi Truck Trail cuts thru Pamo Valley Ranch, but is a public access road to CNF.....CNF will lock the gate when they see fit, but it is legal to go over it anytime....Around it is private.....So, not legal.

Why they make some legal access and other not, I have no idea.


ps......Stevo......I would've told Martinez to pound sand! (if it's the same road I'm talking about).....That road and area is all CNF up to his boundary.

no worries Steve it's all good. I personnel y seen the opposite , the rules and regulations are as clear as mud I believe it's depends on the state official how they feel, and if your a mark or not. just like the DMV they make up the rules as they go... I seen county make people take stuff off their drive ways because just because. I lived out in the very rural all my life, and seen county and state make up laws with out the peoples vote. so I agrre it may be different with CNF and I never under stood that. Private citizen's putting gates up on CNF access should not be allowed. but they do it. and the CNF pretty much tells you your out of luck.. so it's back to my original statement.. and it's not worth the hassle to fight it.. plenty of other places to go.

 

[steveo007]

it is the same road steve, but we were more concerned about defusing the situation, i kid you not this guys face was beet red, veins bulging out of his neck, ranch rifle next to him in the seat, we wanted to instill in his mind that there are good law biding hunters out there, by the time we were done he shook our hands and wished us good luck, but ill tell you hes got a short fuse.

 

[DanSanDiego]

That's the gate (Martinez). He's got a sign at the beginning of the road saying "use of the road is only for owner and guests". Then about 200yards later is the gate. His property starts 1/2mile beyond the gate. It's not really possible to walk along the side of the road because it's cut into a steep hillside with thick brush. But I'm not looking to get shot so I'll just hike in along the hillside it's not too far.

 

[Cali Ridge Runner]

Unless you have seen something back there that is worth the hassle I would just find another area

 

[rbduffer]

I agree with CRR, but I hate to see cheaters prosper just because they through a tantrum. And I'm a bit jaded Lee, but I NEVER trust the government to do the right thing.