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In my not-a-lawyer understanding, easements can only ever preserve an existing path, but cannot create a new path. That is, a public easement would only exist
by MereInterest 4y ago
In my not-a-lawyer understanding, easements can only ever preserve an existing path, but cannot create a new path. That is, a public easement would only exist if a path already exists, and that path remains in continuous use. If public land exists and is not accessible, the current legal system would not allow for the creation of an easement.