5 ms·
sure, if i blocked public access illegally
by kvhdude 9y ago
sure, if i blocked public access illegally
- hyperliner 9y agoI this this is the unclear part. Why is this property bearing the costs of this public access? In most states, there is the notion of an easement. When you buy a property, easements are marked and enumerated. I cannot find this easement. Has anybody seen this record?
- SwellJoe 9y agoThere is nothing unclear in this story. California's beaches are a public resource, as codified in the California constitution. Blocking access to public beaches is against the law, no matter how much property you own or how much money you have. Khosla is breaking the law, and a court has confirmed that.
- sowbug 9y agoThe definitiveness of your statements is surprising in light of how incorrect they are. Read https://www.justia.com/real-estate/docs/easements.html https://www.justia.com/real-estate/docs/easements.html to learn about implied easements.
- URSpider94 9y agoCommon law (still a thing in America) has the concept of an implied easement. If people have been relying on this path for the past century to gain access to the beach, then you can't just discontinue access. When I was a child, my church owned a plot of land across the street from the main building. The land was vacant, and students from a nearby college used to cut across it to get to class. Once a year, church members would stand at the corners of the property to bar access to the pedestrians - so that the church could maintain that it had not ceded access to the path, in the event that the church wanted to make use of the lot at a later date.