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A physical equivalent is a parking lot with two entrances on different roads, such that going in one entrance and out the other forms a substantial shortcut. I
by gvb 16y ago
A physical equivalent is a parking lot with two entrances on different roads, such that going in one entrance and out the other forms a substantial shortcut. In my neck of the woods (MI), you will find the owners have a way of blocking off one entrance temporarily, and that blockage is done periodically (once a year?), so that the parking lot does not become a road by fiat.
In this physical case, in order to assert usage restrictions (i.e. this is not a road), one must physically restrict access even if temporarily and infrequently.
- rmc 16y agothat blockage is done periodically (once a year?), so that the parking lot does not become a road by fiat. This from a common law doctrine that makes private roads public rights of way. It must be blocked off one day per year to prevent it becoming a public right of way. Once it's a public right of way it's really hard to make it private again, it must be unused for 7 years or something.